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

[criminal power] On February 5, 2008, the Defendant was sentenced to a summary order of KRW 1 million as a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do branch on December 5, 2008. On December 4, 2008, the Defendant was sentenced to imprisonment for six months and two years of suspension of execution for a crime of violating the Road Traffic Act (driving). On July 3, 2014, the Defendant was sentenced to a fine of KRW 9 million as a crime of violating the Road Traffic Act (driving) from the Daegu District Court Kimcheon-do branch on July 3, 2014.

【Criminal Facts】

On April 4, 2015, the Defendant driving a motor vehicle under the influence of alcohol and driving a motor vehicle B under the influence of alcohol with a blood alcohol concentration of 0.138% under the influence of alcohol without obtaining a driver’s license on the road in front of the film dust in the Gu-si, Nowon-si on April 22:34.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a motor vehicle under consideration, report on the status of operating a motor vehicle under consideration, report on the status of a driver under consideration;

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports, investigation reports, etc. (attached to judgments, etc.);

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 (the punishment imposed on a violation of the Road Traffic Act of which punishment is heavier);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the relationship between a woman with a good wife and a mother and a mother who is in a state of health, the physical and mental condition of the defendant expressed in the above wife and his/her child, and the fact that it seems that the error of misunderstanding is considered to have been remarkably divided among the attempts that have been reduced due to detention in a workhouse of the final fine in the judgment);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;