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

[criminal power] On April 6, 2010, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) and a summary order of KRW 2 million as a crime of violating the Road Traffic Act in this court on November 19, 2014.

【Criminal Facts】

On January 22, 2015, the Defendant, without obtaining a driver’s license at around 08:05, driven a BSP car over about 1 km from the front of the “SYeung-gu Jin-ro 15-ro, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju-si, with a blood alcohol concentration of 0.110% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver, a report on the circumstances of a host driver, and a report on internal investigation;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Inquiry reports, investigation reports (the latest same records as the accused), and application of each summary order 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The Defendant, as stated in the first head of the judgment of sentencing in Article 62-2 of the Criminal Act, has been sentenced to a fine due to a violation of the Road Traffic Act (driving) as stated in the judgment of the first head. In particular, since the Defendant committed the instant crime in the state of drinking without a license after the last three months from the date of the crime of driving under the influence of alcohol, it is necessary to have the Defendant punished with severe punishment.

However, it is true that the defendant did not repeat the crime because he did not reflect the mistake, and it is different from the above two previous crimes.