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 July 29, 2013, the Defendant was issued a summary order of KRW 5 million by the Changwon District Court for a violation of the Road Traffic Act (drinking driving), and a fine of KRW 4 million by the same court on November 30, 2015.

On March 20, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle on March 20, 2016, driven a vehicle B with approximately KRW 30 meters of alcohol from the front path of the Sejong Life Hospital located in the Yongsan-gu, Changwon-si, Gowon-si, who was under the influence of alcohol content 0.127% during blood, to the front path of the Sejong Life Guard in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver in charge of drinking, inquiry of the results of crackdown on drinking driving, and notification of the completion of correction;

1. Investigative into the ledger of driver's licenses and the main office's licenses;

1. Previous convictions in judgment: The application of a reply letter to inquiry, such as criminal history, report on investigation (A), previous convictions in disposition, reporting the results of confirmation, and Acts and subordinate statutes;

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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 among the reasons for sentencing)

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant again commits the instant crime of the same kind under a license even though he/she was sentenced to a fine due to a violation of road traffic laws, as stated in the facts constituting the instant crime; and (b) the amount of alcohol concentration in the blood alcohol at the time of driving the instant drinking is very high, etc. that are disadvantageous to the Defendant.

However, there are other favorable reasons for sentencing, such as the fact that the defendant has repented and reflected his mistake in depth, and that the defendant has no record of punishment heavier than that of suspension of execution.