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 May 30, 2008, the Defendant was issued a summary order of a fine of one million won for a violation of road traffic laws in the Changwon District Court's branch on May 30, 2008, and on October 11, 2012, the Defendant was sentenced to a fine of seven million won for a violation of road traffic laws (driving) in the same court.

On February 8, 2016, the Defendant, without obtaining a driver’s license, driven Cbee or a car while under the influence of alcohol of about 0.233% of alcohol content in a section of about 1k from the vicinity of the Defendant’s residence in Chungcheongnam-gun, Chungcheongnam-gun to the roads near the Geumcheon-gun located in the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (A), and Acts and subordinate statutes (Attachment to 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant’s reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the same criminal record is three times due to driving under drinking; (b) the Defendant’s blood alcohol concentration level was very high at the time of driving the instant drinking; and (c) the occurrence of traffic accidents due to the influence of drinking driving, etc. is disadvantageous to the Defendant.

On the other hand, the fact that the defendant reflects on his own crime, and that there is no criminal conviction or more than a suspended sentence, etc. are favorable to the defendant.

In each of the above circumstances, the sentence identical to the disposition shall be imposed by comprehensively taking into account all the circumstances that form the conditions for sentencing as shown in the records and arguments, including the defendant's age, sex, occupation and environment, and the background of each of the crimes in this case.