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

On October 6, 2014, the Defendant, without obtaining a driver’s license at around 19:30 on October 6, 2014, driven a D cargo vehicle at approximately one meter from the front side of the “Cropoto” in the Cheongju-si considerable area B while under the influence of alcohol by 0.265%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of employer-employed drivers, and statement of employer-employed drivers;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. On September 30, 2010, the defendant of probation and community service order under Article 62-2 of the Criminal Act was sentenced to a summary order of KRW 1 million by the court due to the violation of the Road Traffic Act and the violation of the Road Traffic Act, and on October 30, 2014, the court was sentenced to a fine of KRW 6 million due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act.

In particular, since the defendant has not passed more than three months from the date of the last crime of drunk driving, he/she has used the same vehicle as the previous one in the state of drinking without permission, and repeated the crime of this case, he/she shall be punished with severe punishment.

However, the sentence shall be determined as ordered in consideration of the fact that the defendant did not repeat the crime in the reflective manner, that there is no criminal record exceeding the fine, and that various sentencing conditions such as the defendant's age, character and conduct, occupation, etc. are equally considered, and the execution of the sentence shall be suspended, but the prevention of recidivism shall be prevented.