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 2, 2014, the Defendant issued, at the Changwon District Court, a summary order of KRW 4 million for a crime of violating the Road Traffic Act, and on August 24, 2015, a summary order of KRW 5 million for a fine of the same crime, etc. at the same court.

On November 4, 2015, around 15:00, the Defendant driven a BV car with alcohol content of 0.069% under the influence of alcohol while under the influence of alcohol without obtaining a driver’s license in the section of approximately 2 km in front of the 2km-gu Busan Metropolitan City Masan Masan Masan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking;

1. Investigative into the ledger of driver's licenses and the main office;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (Attachment of summary order to the same type of power);

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 again committed the instant crime under the same type of permission even though the same force was more than four times, as indicated in the facts constituting the crime in the judgment of the court below, in addition to the records that the Defendant was sentenced to a fine due to the violation of traffic laws on the road.

However, the defendant's mistake is deeply divided and reflected in depth, and the amount of alcohol concentration in blood at the time of driving the drinking of this case remains at the level of suspension of driver's license, and the defendant has no criminal record of suspension of execution or higher, and other favorable reasons for sentencing, such as age, sex, etc. of the defendant.