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 27, 2007, the Defendant was sentenced to six months of imprisonment and two years of suspended execution due to a violation of road traffic law in the support for the safeness and childbirth of the Suwon Friwon method, etc., and on April 30, 2014, the Defendant was sentenced to a fine of five million won for the same crime in the same court.

On April 28, 2017, the Defendant, without obtaining a driver's license of a motor vehicle on April 28, 2017, proceeded with approximately 2 meters of the road front of the World apartment commercial building located in the Silung-dong at Silung-si, Silung-si, under the influence of alcohol content of 0.131%.

As a result, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice, transferred a motor vehicle under the influence of alcohol, and also driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions: References to inquiries, investigation reports (Attachment of the text of the judgment), judgments attached thereto, and copies of each summary order shall be applied;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (unlicensed driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in any of the crimes referred to in the above Articles and 50 shall be imposed for any violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (the fact that his/her mistake is repented, etc.) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service and Order to Attending, even though there are many kinds of criminal records due to drinking or non-licensed driving, the Defendant was under the influence of alcohol without a driver's license, and the crime of this case was extremely poor, but the Defendant was under the influence of driving by proxy.