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 of the final judgment.

Punishment of the crime

【Criminal Power】 On July 20, 2010, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a fine of one million won for a violation of the Road Traffic Act from the Gwangju District Court’s branch on July 20, 201, and a fine of two million won for the same crime from the same court on December 9, 201.

【Criminal Facts of Crimes】 On January 22, 2013, the Defendant driven B cruise car under the influence of alcohol content of about 0.095% without a driver’s license at a section of about 10km from the Do in front of a mutually influent restaurant in the vicinity of the square No. 2 square of Sinpo-si, Sinpo-si, Sinpo-si to Sinpo-si Mapo-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. The user ledger of the measuring instruments for drinking;

1. The ledger of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. (A), investigation reports (Attachment, such as the previous records of suspects A and copies of written judgments);

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 a sentence of imprisonment with prison labor as a matter of choice (with the history of fines twice due to a crime related to driving, considering the fact that the last crime of this case was committed only one year after the punishment was imposed);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the point of reflection and the point of gross blood alcohol concentration not significantly high);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;