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 April 16, 2007, the Defendant issued a summary order of KRW 2 million for a crime of violating road traffic law (drinking driving), KRW 1.5 million for the same crime in the same court on April 24, 2009, and KRW 7 million for the same crime in the same court on March 31, 2016.

[2] On March 23, 2016, the Defendant driven a B observer car from around 700 meters away from the 700-meter section before the new road located in the same Si-dong, under the influence of alcohol level of 0.078% in the blood alcohol level, without obtaining a driver’s license on March 23, 2016.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous conviction: Application of a written inquiry and a summary order, such as criminal history;

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 shall be considered for the reasons for sentencing):

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Drinking, etc. is that the defendant committed another crime of this case, even though he/she had the record of being punished five times or more due to drinking driving, etc., circumstances favorable to the defendant, such as the fact that he/she committed another crime of this case, and the fact that he/she has no record of being punished beyond the past fine, and other favorable circumstances such as the defendant's age, family environment, past history, motive for the crime