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 May 21, 2014, the defendant was issued a summary order of 1.5 million won for the violation of the Road Traffic Act (driving) with the Gwangju District Court's application on May 21, 2014. In the same support on June 18, 2015, the defendant was sentenced to a fine of 7 million won for the violation of the Road Traffic Act (driving) and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving).

On October 2, 2015, at around 07:09, the Defendant driven a sports cargo vehicle with a blood alcohol content of at least 0.163% while under the influence of alcohol without obtaining a driver's license from around 500 meters to around the sea oil station in the city of Yanpo City to the sea oil station in front of the sea oil station in Ganpo City.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Automobile driving license register - A

1. A inquiry report, such as criminal records;

1. Investigation report (verification of the same kind of power), - Summary order, application of Acts and subordinate statutes; and

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic 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 for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Probation and community service order under Article 62-2 of the Criminal Act is to select a sentence of imprisonment in light of the fact that the defendant repeats drinking during a short period of time;

However, it is necessary to reduce the punishment of the defendant in consideration of the defendant's age, character and conduct, etc. and to suspend the execution on the condition of probation on the condition of probation.