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

The Defendant, at the Jeonju District Court on August 7, 2007, received a summary order of one million won as a violation of the Road Traffic Act (drinking driving), and a summary order of five million won as a fine in the same court on March 31, 2014, respectively.

Nevertheless, on November 27, 2015, under the influence of alcohol level of 0.088% in blood without a vehicle driver's license on November 27, 2015, the Defendant driven approximately 1.5 km from the front day of the restaurant, which became aware of the trade name in the Seocho-gu, Busan at the time of the Jeonju to the front day of the Kucheon-gu, Seocheon-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Voluntary accompanying report by a person suspected of violating the Traffic Act on the road (drinking, driving without a license);

1. A copy of the ledger using a drinking measuring instrument, notification of the results of regulating drinking driving, and a statement in the circumstances of a drinking driver;

1. The driver's license ledger;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a report on investigation (Attachment to a summary order), and application of 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. 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 in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for the observation of protection, community service and order to attend lectures - Circumstances unfavorable to the defendant: The fact that the records of punishment for driving under drinking are three times that are disadvantageous to the defendant; the circumstances favorable to the defendant; the fact that there is no serious reflection of fines or any past conviction exceeding fines; and the comprehensive conditions for sentencing prescribed in