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

[criminal history] The Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (dacting driving) in the Goyang Branch of the Jung-gu District Court on May 19, 2008, and was sentenced to a fine of KRW 2.5 million for the same crime in the same court on February 21, 2014.

[Criminal facts] On January 10, 2016, the Defendant driven a B-hurged vehicle under the influence of alcohol concentration of 0.069% without obtaining a driver’s license from approximately 900 meters away from the road in front of the public health clinic located in the Seo-gu, Busan Metropolitan City, Seo-gu, Busan Metropolitan City to the front three-distance of the Library of the Republic of Korea.

Accordingly, the defendant, even though he had a driving force of drinking more than twice, has driven a motor vehicle without obtaining a driver's license while driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of a primary driver and a legal and chemical appraisal report;

1. The driver's license ledger;

1. Previous convictions in judgment: References to inquiries, investigation reports (Attachment to summary orders), application of summary orders and other Acts and subordinate statutes;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act (the following sentencing shall be considered in consideration of the circumstances favorable to the defendant, among the crimes committed) of the mitigated amount;

1. Article 62 (1) of the Criminal Act ( repeatedly considering the aforementioned circumstances);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include a number of criminal records for the same offense.

Nevertheless, the crime of this case was committed again.

Provided, That the punishment shall be determined as per the disposition in consideration of the fact that the defendant is against himself and has not yet been convicted of a fine exceeding the fine.