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

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

Punishment of the crime

On December 8, 2014, the Defendant issued a summary order of KRW 8 million to the Changwon District Court for a violation of the Road Traffic Act (driving under the same Act), and on July 18, 2013, the same court issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving under the same Act).

On June 20, 2015, the Defendant, without obtaining a driver’s license at around 03:00, driven a rocketing car at approximately 15 meters away from the 15-meter section to the next road of the American apartment late at the same rate as the trade name 0.167% under the influence of alcohol at the rate of 0.167%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver, report on the circumstances of a host driver, and notification of the completion of correction;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of judgment) and Acts and subordinate statutes;

1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The Defendant of the reason for sentencing under Article 62-2 of the Criminal Act is the reason for sentencing unfavorable to the Defendant, even though he had been sentenced to a fine due to the crime of violation of the Road Traffic Act, as stated in the facts constituting the crime in the judgment of the lower court, again commits the instant crime under the same type of permission. The blood alcohol concentration level at the time of the instant driving is very high

However, it is true that the defendant has repented and reflected his mistake in depth, the driving distance at the time of the drinking driving in this case is relatively short, and the defendant has no criminal record of suspended execution or more.