A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Criminal facts

On May 3, 201, the Defendant received a summary order of KRW 1 million for a crime of violation of the Road Traffic Act from the Changwon District Court through the Changwon District Court on May 3, 201, and a summary order of KRW 4 million for the same crime in the same court on December 18, 2014, respectively.

Criminal facts

On January 23, 2015, at around 00:20, the Defendant driven a B-car under the influence of alcohol with a blood alcohol concentration of 0.129% without obtaining a driver’s license in the section of about 30 meters from the front of the “influort” road located in the Gapo-dong in the Gapo-si, Gapo-si until January 23, 2015 to the front of the “influor apartment” in the same place.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Requests for blood appraisal;

1. The driver's license ledger;

1. Previous convictions in judgment: References to criminal records and application of Acts and subordinate statutes of two copies of the summary order sent;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishments imposed on the crimes of drinking alcohol which are heavier than punishment);

1. Article 53 or 55 (1) 3 of the Criminal Act (i.e., voluntary mitigation and mitigation)

1. Article 62 (1) of the Criminal Act;

1. The sentencing conditions under Article 51 of the Criminal Act, such as the defendant’s criminal records of the same offense with the reason of sentencing under Article 62-2 of the Criminal Act, the statutory punishment for the instant offense (in the case of imprisonment, between one year and three years, and in the case of imprisonment, between one year and six months, and one year and six months, in the case of discretionary mitigation), the blood alcohol density of the defendant, the degree of drinking alcohol concentration, the circumstances of drinking driving, and other conditions of sentencing under Article 51 of the Criminal Act, such as the defendant’s age, character and behavior, character and environment, shall be equally considered, and the community service order