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 September 12, 2016, the Defendant was issued a summary order of KRW 4,00,000 as a crime of violating the Road Traffic Act (driving) at the Cheongju District Court’s Jeju District Court Branch on September 12, 2016. On July 19, 2013, the Defendant issued a summary order of KRW 1,50,000 as a fine for the same crime in the same court.

[2] On April 13, 2017, at around 23:50 on April 13, 2017, the Defendant driven a B-car under the influence of alcohol level of 0.141% while under the influence of alcohol level of 0.141% without obtaining a driver’s license, from the front of the thickness of the sng-dong, to the front road of the Simn-dong in the same Sindong.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

1. Statement of the circumstances and investigation report of the driver at the main place of business (report on the situation of the driver at the main place of business);

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

1. The driver's license ledger (the criminal records as stated in the judgment);

1. Written inquiry about criminal history, etc. (A);

1. Application of two copies of the summary order issued under two Acts and subordinate statutes; and

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

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 among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, shall be determined as ordered by taking into account the following circumstances in the grounds for sentencing under Article 62-2 of the Criminal Act, such as the protection observation order, community service order, and order to attend a lecture, and other conditions

The 4-time crime of violation of road traffic law (driving) and the 1-time crime of violation of road traffic law (unlicensed driving), and in particular, the 2014 violation of road traffic law (unlicensed driving).