A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 23, 2009, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act due to a violation of the Road Traffic Act, etc. on September 27, 2010, the Defendant was sentenced to a summary order of KRW 3.5 million on September 27, 2010, and on May 9, 2012, the Defendant was sentenced to a suspended sentence of one year for six months for a violation of the Road Traffic Act from the Pyeongtaek site at the Suwon District Court.

On January 23, 2015, at around 00:10, the Defendant driven a B rocketing car under the influence of alcohol level of 0.096% without obtaining a driver’s license in the 1km section from the front of the “free household,” the “free household,” which is located in Pyeongtaek-dong, to the front of the carland located in the same west-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, etc. inquiry reports, copies of each summary order, and application of the age of each criminal defendant;

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 and community service order Article 62-2 of the Criminal Code provides that the defendant, for reasons of sentencing, has been punished for the same kind of drunk driving (4 times of fine, one time of suspended sentence), and that the defendant drives a motor vehicle without a license in a considerable drinking situation despite of five times, the crime is not liable. However, in light of the fact that the defendant recognized the facts charged in this case and reflects his mistake, and again, the defendant should not drive a motor vehicle again, the degree of drinking alcohol, the defendant's age, character and behavior, family environment, etc.