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 July 6, 2014, the Defendant issued a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act at the Suwon District Court on the same day, and on October 1, 2014, a summary order of KRW 1,50,000 to a fine for the same crime at the same court, respectively.

【Criminal Facts】

On November 3, 2014, at around 02:20 on November 3, 2014, the Defendant driven a B SP car under the influence of alcohol content 0.128% without obtaining a driver’s license from the Do in front of Pyeongtaek-si-dong to the Korean Industrial Complex located in Pyeongtaek-si-dong from around 300 meters to the Korean Industrial Complex in front of Pyeongtaek-si-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, report on the control of drinking driving, and report on the state of drinking drivers;

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. Previous records before ruling: Application of criminal records, investigation reports (former records and summary orders) and 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. 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The crime of this case on the grounds of probation and community service Article 62-2 of the Criminal Act is a case where a defendant drives a motor vehicle without a driver’s license, and in light of the fact that the defendant again commits the crime despite the fact that the defendant had been already punished twice due to drunk driving, it is inevitable to punish him/her accordingly.

However, the punishment shall be imposed in consideration of various factors of sentencing, such as the defendant's age, occupation and family relation, including the fact that the defendant is recognized as committing a crime and has no criminal record exceeding the fine.