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

[criminal power] On May 10, 2007, the defendant issued a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act (driving). On October 31, 2008, this court issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving), and on November 20, 2009, this court issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving without a license).

【Criminal Facts】

At around 05:30 on April 29, 2014, under the influence of alcohol with blood alcohol content of 0.118% without obtaining a driver’s license, the Defendant driven a B B B B sub-car car over about 2 km from the Do adjacent to the building that is located in the Seocho-gu, Seo-gu, Seo-gu, Seoju-si to the front road located in the 364-2 “Dan Free-dong, Cheongju-si, Cheongju-si.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Registers of driver's licenses;

1. On-site photographs;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, references to criminal records, amounts of dispositions, reporting of results of confirmation, etc. (Evidence List No. 17);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The Defendant, in the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, had been sentenced to a fine due to a violation of the Road Traffic Act, including the first head written in the judgment, and had been sentenced to four times of a fine due to a violation of the Road Traffic Act.