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 September 26, 2008, the Defendant issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on September 26, 2008, and on March 10, 2016, the Defendant issued a summary order of KRW 4 million for the same crime at the Jeju District Court on March 10, 201.

At around 17:58 on January 2, 2016, the Defendant driven a motor vehicle under the influence of alcohol concentration of about 0.138% without obtaining a driver’s license, and Csch Rexton’s vehicle under the influence of alcohol content of about 15 km from the front of the mutually infinite-dong, Seoyang-gu, Yangyang-gu to the front of the original station in Goyang-gu, Yangyang-gu.

As a result, the Defendant violated the duty of prohibition on driving under the influence of alcohol under the Road Traffic Act more than twice, and driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Each previous record indicated on the circumstantial report of a driver and the register of driver's licenses;

1. A statement on criminal records, etc.;

1. Application of investigative reports (prior records and confirmation of suspects) Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same 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. Grounds for sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. The scope of punishment by law: Imprisonment with prison labor for six months and one year and six months;

2. Whether or not to apply the sentencing criteria: Offenses against which the sentencing criteria are not set, or commercial concurrent crimes; and

3. The fact that there are two-year imprisonment with prison labor for the decision of sentence and the result of the crime such as drinking alcohol and driving without obtaining a license, the criminal records of the same kind as that of the suspension of execution, the family members to support as the daily worker.