A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On December 3, 2015, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 5 million for a crime of violating the Road Traffic Act at the Daejeon District Court on December 3, 2015, and a summary order of KRW 1 million with the same court on March 5, 2013, respectively.

On April 12, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle on April 12, 2016, driven a D motor vehicle at a section of approximately 200 meters from the front of KMt in Daejeon Dong-gu to the front of a gold restaurant located in the same Gu, while driving a D motor vehicle at a section of approximately 00 meters from the front of KMt in Daejeon Dong-gu to the front of the same Gu-nam Do-dong.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the result of regulating driving of drinking alcohol;

1. Entry into the ledger of driver's licenses;

1. Description of a written reply to inquiries, such as criminal history;

1. Application of the Acts and subordinate statutes written in the investigation report (limited to the previous convictions and the summary order attached);

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Taking into account the following factors: (a) driving of a motor vehicle on three occasions through a short period of time for sentencing under Article 62(1) of the Criminal Act; (b) driving of the motor vehicle through a short period of time; (c) the blood alcohol concentration is high; (d) the high risk of driving a motor vehicle