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

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

Punishment of the crime

On February 20, 2014, the Defendant was sentenced to a fine of seven million won due to the violation of the Road Traffic Act in the Daegu District Court Kimcheon-do, and five times the record of drinking driving.

The Defendant is a person who has driven a motor vehicle under the influence of alcohol on January 23, 2012, with a blood alcohol concentration of 0.161%, and on February 2, 2014, with a blood alcohol concentration of 0.096% on February 2, 2014 and violated the prohibition on driving a motor vehicle under the influence of alcohol at least twice.

On August 22, 2014, at around 22:43, the Defendant driven a BM5 vehicle under the influence of alcohol level of about 0.131% without a vehicle driver’s license from a road in front of the Jin-dong Do-dong, Jin-dong to the front road of the same city in Jin-dong, Jin-dong to the front road.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, inquiry records, and copies of summary order Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Although an order to attend a lecture had a history of punishment several times for the same kind of crime for sentencing under Article 62-2 of the Criminal Act, it is very heavy for the crime to run under drinking in the state of unauthorized license.

However, in consideration of the fact that there is no previous conviction or more than the suspension of execution, the punishment shall be determined as per the disposition.