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

[criminal power] On January 25, 2002, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Suwon District Court on December 10, 2004; a fine of KRW 1 million for a violation of the Road Traffic Act (driving) at the same court on December 10, 2004; a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the same court on November 23, 2007; a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the same court on April 27, 201; and a fine of KRW 7 million for a violation of the Road Traffic Act at the same court on October 29, 2014.

【Criminal Facts】

Although the Defendant, while under the influence of alcohol, driven a motor vehicle five times in violation of Article 44(1) of the Road Traffic Act twice or more, on May 6, 2015, the Defendant driven a CMW motor vehicle under the influence of alcohol with a blood alcohol concentration of 0.138%, without obtaining a driver’s license from the 4km section of the same Eup/Myeon from May 6, 2015 to the 1862 front road in the same Eup/Myeon-ro around 21:03 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The driver's license ledger;

1. Previous records: The application of criminal records, inquiry and other 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that the defendant shows the attitude of reflecting his/her misunderstanding while recognizing his/her misunderstanding, and that he/she has no history of crime heavier than a suspended sentence);

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

1. The fact that the defendant under Article 62-2 of the Criminal Act committed an act of driving without a driver's license even though he/she had a record of punishment for drunk driving as before his/her judgment.