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 December 11, 2012, the Defendant issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court’s Branch Branch Branch on December 11, 2012, and on May 15, 2013, the above court issued a summary order of KRW 5 million for the same crime, etc.

On April 8, 2015, the Defendant driven a BM5 vehicle under the influence of alcohol content of 0.358% in blood without obtaining a driver's license on April 8, 2015, even though he had a history of driving a drinking not less than twice as above, and proceeded with approximately 4 km from the water packing end in the vicinity of the intersection located in the Southern-gu Incheon Metropolitan City Twit-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu to the LG electronic road located in the same Gu-dong-dong-dong-dong-dong-dong-dong-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. A driver's license inquiry;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (verification of the same kind of force), and the application of Acts and subordinate statutes of the summary order attached thereto;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment provided for in the crimes above, and the crimes of violating the Road Traffic Act which are more severe punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (including the fact that his/her mistake is repented, etc.);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc., of Social Service and Order to Attend, even though the Defendant had two-time criminal records of the same kind of crime due to drinking driving, the Defendant committed the instant crime without a driver’s license at the same time, and the nature of the crime is bad, and the Defendant intentionally fails to appear on the date of pronouncement on several occasions even after being duly served by the court.