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 May 25, 2007, the Defendant issued a summary order of a fine of three million won due to a violation of the Road Traffic Act, etc. at the Suwon District Court on May 25, 2007, and on July 1, 2014, at the same court on July 1, 2014, a person who has violated Article 44(1) of the Road Traffic Act by being issued a summary order of two million won or more due to a violation of the Road Traffic Act.

On February 27, 2015, the Defendant, without obtaining a driver’s license at around 05:45, driven a B wre vehicle from the front of the household distance instigates the right line at Suwon-si to the front road of the 1k-dong 1125-27, under the influence of alcohol by drinking at 0.116% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, replys to criminal records, and application of 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. 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. Article 53 of the Criminal Act for discretionary mitigation;

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

1. The execution of imprisonment with prison labor shall be suspended after discretionary mitigation, taking into account the fact that the defendant for the reason of sentencing and order to attend the course of probation and education is against the defendant, the fact that there is no record of punishment exceeding the fine, his dependents, etc., but the execution of imprisonment with prison labor is not low, taking into account the fact that blood alcohol is not low and the necessity of preventing recidivism, etc., the period of imprisonment with prison labor, the period