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 22, 2002, the defendant was sentenced to a fine of 700,000 won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on February 10, 2004, a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on September 11, 2007, a fine of 1 million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on September 11, 2007, a fine of 1.5 million won for a violation of the Road Traffic Act (Driving without a license) from the Suwon District Court on November 8, 2007, and a fine of 1.5 million won for a violation of the Road Traffic Act (driving without a license) at the Suwon District Court on March 18, 2014, respectively.

【Criminal Facts】

On April 1, 2015, at around 05:05, the Defendant driven CK5 cars under the influence of alcohol without obtaining a driver’s license from a section of about 10 meters from the front of the Jungdong Community Service Center in Daejeon Seo-gu, Daejeon to the front road of the wheelchairs 402-1, and without obtaining a driver’s license, at approximately 0.161% of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. A driver's license inquiry;

1. Report on the circumstances of the driving of a motor vehicle;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (limited to the previous records and summary orders);

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. Taking into account the high drinking alcohol, the short driving distance, reflectivity, the defendant's family relationship, etc., which have no criminal record of the same kind of suspended sentence or higher for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, three times the suspended sentence of this paper;