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

On August 26, 2008, the Defendant issued, at the Daejeon District Court, a summary order of 2.5 million won as a fine for a violation of the Road Traffic Act (driving), and on December 26, 2013, the same court issued the summary order of 3 million won as a fine for a violation of the Road Traffic Act (driving).

On June 12, 2014, at around 17:30, the Defendant driven a motor vehicle with a cromatic alcohol concentration of about 0.149% under the influence of alcohol without obtaining a driver’s license in the section of about 10km from the 151-1 of the Seongbuk-gu Daejeon Metropolitan City, Daejeon Metropolitan City, to the 18:00-day roads in front of the new advance-sale sugar, which is located in Seocheon-dong, Seocheon-gu, Daejeon Metropolitan City.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice without a driver's license, and once again drives a motor vehicle under the influence of alcohol in violation of this provision.

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license inquiry;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. The application of Acts and subordinate statutes on criminal records, etc., inquiry reports and investigation reports (a copy of a summary order);

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 an alternative sentence of imprisonment (three times a fine of the same kind, drinking volume, and consideration of driving distance);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (incompetence, etc.);

1. Article 62 (1) of the Criminal Act (not less than a suspended sentence of imprisonment);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;