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] On October 16, 2012, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Busan District Court, and on January 9, 2017, the same court issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act.

[2] Although the Defendant had had the record of violating drinking driving on more than two occasions, on May 19, 2017, the Defendant driven a D car under the influence of alcohol content 0.195% while under the influence of alcohol while under the influence of alcohol without obtaining a driver’s license, around 03:19 on May 19, 2017, a section of approximately five meters in front of the C Mart located in Busan Dong-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of crackdown on driving of alcohol, and the driver's license ledger (A);

1. Records of the judgment: He/she shall apply the provision of a reply to inquiry, such as criminal history, report on the results of confirmation of the previous conviction before the disposition, and the 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. The reason for sentencing under Article 62(1) of the Criminal Act is for the suspended sentence under Article 62(1) of the Criminal Act: (a) there was a very significant criminal record of the defendant at the time of the instant case; (b) two same criminal records as indicated in the judgment; and (c) the defendant, in particular, issued a summary order on January 9, 2017, even if he/she was issued, he/she was not and four months; (d) the defendant is driving without a license for drinking alcohol in this case; (e) the defendant reflects his/her depth of the crime; (e) the defendant has no criminal record other than the above two-time criminal records; and (e) other conditions of sentencing