A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 7, 2015, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the Daejeon District Court on December 7, 2015, and on May 28, 2013, the Defendant was sentenced to a fine of KRW 2 million in the same court as the same crime in addition to the issuance of a summary order of KRW 2 million in the same court.

On May 9, 2016, the Defendant driven a B-car under the influence of alcohol content of 0.117% in blood without obtaining a driver’s license on May 21, 2016, and proceeded with approximately 1 km from the surface of the road near the Seo-gu, Seo-gu, Daejeon to the front of Seocheon-gu, Daejeon.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving a drinking driver, a statement on the circumstances of a drinking driver, an inquiry about the results of crackdown on drinking, and an inquiry about driver's license;

1. Previous conviction: Inquiry about criminal history and application of 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. Imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence are against the defendant, the defendant has no record of the crime committed in excess of the fine for the same kind of crime, and other various conditions of sentencing including the defendant's age, sex, environment, etc. shall be comprehensively considered to determine the sentence as ordered.