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 October 208, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court on November 2008. On November 25, 2011, this Court issued a summary order of KRW 1.5 million for the same crime, and on September 6, 2012, the Defendant was sentenced to a suspended sentence of KRW 1.5 million for the same crime.

【Criminal Facts】

On February 27, 2015, the Defendant, while under the influence of alcohol of 0.06% with blood alcohol concentration around 01:50, driving a BEX car at the 1km section from the front of the 87 creative street to the front of the 245 Green City, Echeon-si, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving and non-licenseing;

1. A driver's license inquiry;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (the point of sound driving) for criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (the point of without a license for driving);

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. is that the Defendant, in light of the fact that he/she again committed the instant crime even though he/she had the past record of having been sentenced to imprisonment with prison labor, the execution of which was suspended due to drinking or driving without a license, and thus, is not easy.

On the other hand, the defendant is aware of and against his own crime and drinking in the future.