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 13, 2013, the Defendant issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Jeonju District Court on June 13, 2013, and a fine of KRW 4 million in the same court on April 20, 2015, the records of the same crime are more than twice.

On December 9, 2015, the Defendant, without obtaining a driver’s license of a motor vehicle, driven a motor vehicle with a volume of 1.5km CM5 meters from the front road of the head office of the North Korean bank located in the Geumjin-gu Seoul Metropolitan Government, Geumjin-gu, Seoul Metropolitan City, to the front road of the main office of the North Korean bank located in Geumjin-gu, Seoul Metropolitan City, from the front day of the 0.073% alcohol level in the blood while under the influence of alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of the crackdown on the driving of alcohol, a copy of the report on the circumstances of the driver of alcohol, and the ledger using the measuring instruments;

1. The driver's license ledger and the driver's license ledger;

1. On-site photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (report accompanied by a copy of the previous and summary order);

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 protection and observation, community service, and lecture attendance order - Circumstances unfavorable to the defendant: Four times the history of punishment for driving under drinking, repeating the same kind of crime within a short time after being punished for the same kind of crime - Circumstances favorable to the defendant: The degree of driving is not relatively much severe, and there is no record of being erroneously punished or sentenced to suspended sentence or heavier - Comprehensive elements for sentencing under Article 51 of the Criminal Act;