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 May 9, 2011, the Defendant issued, at the Changwon District Court, a summary order of a fine of three million won for a crime of violating the Road Traffic Act, and at the same court on June 4, 2012, a summary order of a fine of six million won for a crime of violating the Road Traffic Act.

On September 7, 2015, the Defendant, without obtaining a driver's license at around 0:20, driven B E-car at a section of about 500 meters at the front of the entrance of the MG25 Si convenience store located in the Gu of Kimhae-si, 0.240% of alcohol content in the blood while under the influence of alcohol at around 0.240% in the city of Kimhae-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the detection of any violation of traffic laws (drinking, non-licenseing) on roads, inquiry of the results of crackdown on the driving of drinking, and a statement of the circumstances of drivers;

1. Inquiries into driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (reports attached to the summary order);

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 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 reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime of the same kind in the state of non-authorization even though he/she had the same power twice in addition to being sentenced to a fine due to a violation of road traffic laws, as stated in the facts constituting the crime in the judgment of the court below, and that the amount of alcohol concentration in the blood during driving of the instant case is very high, etc., which are disadvantageous to

However, the defendant's mistake is unfolded and reflected in depth, and the defendant's crime of violating the Road Traffic Act is not less than a suspended sentence.