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 June 11, 2013, the Defendant received a summary order of KRW 1 million from the Seoul Central District Court to a fine of KRW 1 million for a violation of the Road Traffic Act, and on July 1, 2016, the Defendant received a summary order of KRW 4 million for a violation of the Road Traffic Act from the Incheon District Court's Busan District Court.

Although there was a history of violating the penal provision on drinking driving more than twice as seen above, the Defendant driven an Eystren vehicle under the influence of alcohol with approximately 500 meters alcohol concentration of 0.237%, without obtaining a driver’s license from the road near the northwest Station in Seocheon-si, Seocheon-si to the 13rd roads, as it was within Seocheon-si, Seocheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the situation of a driver driving a drinking, a report on the results of regulating the driving of drinking alcohol, a report on the situation of driving a driving without a license, and a report on the detection of a driver driving a driving

1. A written appraisal of alcohol during blood;

1. The driver's license ledger;

1. Previous convictions: Inquiry into criminal history, investigation reports (reports attached before a drinking driver's license), and application of each summary order 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. 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 (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. The order is based on a comprehensive consideration of the following: (a) the reason for sentencing under Article 62-2(1) of the Criminal Act; and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service and Order to Attend the Criminal Act reflects the Defendant’s mistake; (b) the motive and background of the instant crime; (c) the degree of alcohol content in blood; (d) the content and frequency of the same crime record; (e) the circumstances after the instant crime was committed; and (e) the Defendant’s age, sex, family relationship, and economic conditions.