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 October 8, 2013, the Defendant received a summary order of 2.5 million won from the Busan District Court to a fine for a crime of violating the Road Traffic Act, a summary order of 2.5 million won from the same court on August 24, 2015, a fine of 2 million won for a crime of violating the Road Traffic Act, and a summary order of 5 million won from the same court on October 11, 2016, respectively.

On October 1, 2016, at around 22:39, the Defendant driven the said vehicle under the influence of alcohol level of 0.112% while under the influence of alcohol level of 0.12% without obtaining a driver’s license, in order to park the D A-A-D vehicle with a rhhhhyr parking on the corners of the corners of the corners on the front of C, located in Busan Shipping Daegu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Report of traffic accident (1) and report of the circumstances of the driver involved in driving, and the ledger of driver's licenses of motor vehicles;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (report on the result of confirmation of previous convictions of the disposition, attachment of the previous and summary order) and application of Acts and subordinate statutes of each summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case with the reason of sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is disadvantageous circumstances such as the driving of a motor vehicle under the influence of a driver without a license, and the nature of the crime is bad, the degree of the driving of the motor vehicle is not weak, and the defendant can have a same criminal record.

However, there are more favorable circumstances such as the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, that the distance of the defendant's driving is too much than one meter, and that the defendant has no criminal record exceeding the fine.

(2).