A defendant shall be punished by imprisonment for not more than ten 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 July 4, 2008, the Defendant was sentenced to a fine of 2 million won due to the violation of the Road Traffic Act (driving) in the Changwon District Court's assistance on July 4, 2008, and on January 17, 2009, in the same court, the Defendant was sentenced to a suspended sentence of 2 years due to the same crime, etc., and was sentenced to a suspended sentence of 5 times for the same crime, etc.

On October 17, 2014, the Defendant, without obtaining a driver’s license on October 17, 2014, driven a car in the section of about 2 km from the Defendant’s residence in G, 0.137% of blood alcohol content, to the front distance of a gas station village located in the same military site, from the Defendant’s residence in G, 0.137% of alcohol content, to the front distance of a gas station village located in the same military site.

As a result, the defendant violated the prohibition of drinking driving more than twice, driving a motor vehicle under the influence of alcohol again, and driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driving of a driver, the circumstantial statement of a driver, and the driver's license inquiry report;

1. Previous records: Application of inquiries, such as criminal records, and criminal records, and 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. 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. Probation, orders to provide community service and attend lectures, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;