A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On April 6, 2007, the Defendant was notified of a summary order of a fine of KRW 2 million for a violation of the Road Traffic Act, etc. In the Gwangju District Court's net support on August 6, 2007, on August 27, 2008, the Defendant was notified of a summary order of KRW 4 million for a crime of violation of the Road Traffic Act. On October 1, 2008, the same court was sentenced to a summary order of KRW 5 million for a fine of KRW 1 million for a violation of the Road Traffic Act. On August 20, 2013.

【Criminal Facts】

On September 27, 2014, at around 23:20, the Defendant driven Cran XG car with approximately 100 meters alcohol concentration 0.20% while under the influence of alcohol without obtaining a driver’s license from the front side of the Mayang Agricultural Sub-branch in the Mayang-si, Mineyang-si, to the luxation of the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of the Act and subordinate statutes of inquiry inquiry reports and investigation reports (a copy of summary order, etc.);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the reasons for the punishment in prison);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation, community service, and lecture attendance order is not only the crime of this case, but also the blood alcohol concentration is 0.2%, despite the fact that the defendant had been punished for the same kind of drinking without a license.