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 of the final judgment.

Punishment of the crime

[criminal power] On July 5, 2006, the Defendant issued a summary order of one million won or more for a crime of violation of the Road Traffic Act at the Jeonju District Court on May 30, 2008, a summary order of one million won or more for the same crime at the same court on May 30, 2008, and a summary order of three million won or more for the same crime at the same court on June 13, 2014, respectively.

【Criminal Facts】

On August 8, 2014, the Defendant, while under the influence of alcohol of 0.11% from blood alcohol level around 08:0, the Defendant driven B LV car from the front road of the Kukjin-gu, Kukjin-gu, Kukjin-gu, Seoul, without a driver’s license to the front road of the WUPP charging station located in the same movable property.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. A report on investigation, photographing, and photographing photographs;

1. Registers of driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (a summary order issued on the same attached power unit) 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 (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the reason for discretionary mitigation);

1. Although the reason for sentencing under Article 62-2 of the Criminal Act of the community service and lecture attendance order had the record of punishment several times as the same crime, if it is deemed that the defendant again committed the crime of this case, the circumstances and the nature of the crime are not less than that of the crime of this case, but not less than that of the defendant, the defendant does not have any criminal record exceeding fine due to the same crime of this case, and the sentencing materials recorded in the records of this case, such as the circumstance of this case and the family environment of the defendant, are taken into account.