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 November 11, 2013, the Defendant issued a summary order of 1.5 million won of a fine for a violation of the Road Traffic Act, etc. at the Sungwon District Court's Sung-nam branch on November 11, 201, and on December 1, 2014, the Defendant issued a summary order of 5 million won of a fine at the Suwon District Court for a violation of the Road Traffic Act at least twice.

On January 30, 2015, at around 21:30, the Defendant, while under the influence of alcohol by 0.149% without obtaining a driver’s license for a motor vehicle, operated a DNA cargo vehicle at a section of approximately 500 meters in front of the instant cafeteria in front of the instant cafeteria located in the two sides of the Gupo-Eup in Gwangju-si.

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license inquiry;

1. A report on detection of a host driver, etc.;

1. Previous records: Application of Acts and subordinate statutes to a reply to criminal records, etc. and investigation reports (a copy of a summary order and an integrated case search output);

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 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined, taking into consideration the various circumstances that serve as a condition for sentencing, such as the fact that the defendant is against the reason for sentencing under Article 62-2 of the Criminal Act, the fact that the defendant is guilty of a fine for the same kind of punishment, the fact that there are many criminal records (four criminal records of a fine for the same kind of punishment, one criminal records of a suspended sentence of imprisonment, etc.), the fact that blood alcohol is not low, the driving distance is not long, and