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 September 8, 2004, the Defendant received a summary order of KRW 1 million from the Jeonju District Court to a fine for a violation of the Road Traffic Act (driving) at the Jeonju District Court on March 8, 2013, a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act (driving) at the Jeonju District Court on March 8, 201, and a summary order of KRW 3 million to a fine at the Jeonju District Court on October 7, 2013.

【Criminal Facts】

On October 21, 2014, the Defendant driven DMW car under the influence of 0.098% of blood alcohol concentration on the front road without a driver's license of the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (a summary order issued on the same attached power unit) 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 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the reason for discretionary mitigation);

1. Although the reason for sentencing under Article 62-2 of the Criminal Act of the community service and lecture attendance order had the record of punishment several times as the same crime, if the defendant again committed the crime of this case, the circumstances and the nature of the crime are not less than that of the crime of this case, but it is not less than that of the defendant, the defendant does not have any criminal records exceeding fines due to the same crime of this case, and the sentencing materials recorded in the records of this case, such as the circumstance of this case and the family environment of the defendant, etc., are taken into account.