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 February 25, 2014, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of road traffic law (drinking driving) from the Jung-gu District Court, and on November 25, 2014, the Defendant received a summary order of KRW 2,50,000 as a fine for a violation of road traffic law (drinking driving) from the Jung-gu District Court's high support on November 25, 2014.

On August 15, 2015, the Defendant driven a alti vehicle under the influence of alcohol level of 0.095% while under the influence of alcohol level of 0.095%, without obtaining a driver's license, from a 50-meter radius from the mar mountain road near the Yansan-dong, Ulsan-gu, U.S. to the same marsan-do road.

Therefore, even though the defendant was punished twice or more due to drinking, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Details of driver's license revocation and the ledger of driver's licenses;

1. Records of judgment: Application of a reply to inquiry, such as criminal history, and a copy of 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act (see the following grounds for sentencing) of the mitigated amount

1. Article 62(1) of the Criminal Act (see the following grounds for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture in this case is that the defendant had been punished twice due to drinking in 2014, as stated in the records of the crime in the judgment of the court, and there is no long time to do so. In addition, the corresponding strict punishment is needed.

However, the defendant has been punished more severe than a fine by recognizing his mistake and being divided.