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

[criminal history] On October 11, 2013, the Defendant was sentenced to a fine of KRW 500,000 to a fine of KRW 1,000 as a crime of violation of the Road Traffic Act (drinking) and a violation of the Road Traffic Act (licensed driving) at the Changwon District Court on October 11, 2013, and a crime of violation of the Road Traffic Act (drinking driving) at the Busan District Court on October 11, 2016, respectively.

[2] On January 9, 2017, the Defendant: (a) driven a Boper vehicle while under the influence of alcohol with approximately KRW 150 meters alcohol level 0.072% while under the influence of alcohol level, without obtaining a driver’s license from a section of about 150 meters in front of the lower distance at the lower end of the Busan YY and the road in front of the “Lari frequency” located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and a copy of a 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 (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 (see, e., Supreme Court Decision 2006Da1540, Jan. 2, 201)

1. Article 62 (1) of the Criminal Act ( repeatedly considering the above circumstances);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;