A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 10, 2010, the Defendant received a summary order of KRW 2 million as a fine for a violation of road traffic law (drinking driving) from the Changwon District Court (Seoul District Court) on August 10, 201, and on February 25, 2016, the same court received a summary order of KRW 5 million as a fine for a violation of road traffic law (drinking driving).

On April 12, 2016, at around 04:40, the Defendant driven a Crane car under the influence of alcohol content of about 0.149% without obtaining a vehicle driver's license from the front day of the offline of the offcoming Kununununununun, which is located in the Jindong-gu Kimhae-si, to the front day of the home flusium located in the same Ri.

As a result, the Defendant violated the provision prohibiting driving of a motor vehicle at least twice without a driver's license, and drives a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver in charge of drinking, inquiry of the results of crackdown on drinking driving, and notification of the completion of correction;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Driving under the relevant legal provisions concerning criminal facts: Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The defendant for the reason of sentencing under Article 62-2 of the Criminal Act, as stated in the facts constituting the crime in the judgment of the court below, has been sentenced to a fine for the same kind of crime more than four times, as well as the past sentenced to a fine for the crime of violation of traffic laws on roads, as well as the past sentenced to a fine for the same crime. The defendant again committed the same kind of crime even though he was sentenced to a suspended sentence due to the crime of violation of traffic laws on roads, and the amount of alcohol concentration during the blood transfusion at the time of driving of the instant case is very high.