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 March 12, 2013, the Defendant was issued a summary order of a fine of five million won by a violation of the Road Traffic Act (driving) at the Suwon District Court on March 12, 201, and on October 1, 2010, the Defendant was issued a summary order of a fine of two million won by the same court on October 1, 2010, and was in violation of Article 44(1) of the Road Traffic Act at least twice.

피고인은 2015. 9. 3. 20:30경 자동차 운전면허를 받지 아니하고 혈중알콜농도 0.185%의 술에 취한 상태로 용인시 수지구 성복동에 있는 ‘굼터식당’ 앞 도로에서 같은 동에 있는 단독주택가 앞 도로까지 약 7m 구간에서 B 포터2 화물차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Making inquiries into the license ledger;

1. Previous records of judgment: Application of a reply to criminal records, reply, and copy of judgment;

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 ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);

1. Selection of imprisonment with prison labor chosen;

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

1. The punishment as ordered shall be determined, taking into consideration the various circumstances which serve as conditions for sentencing, such as the fact that the defendant is against the reason of sentencing under Article 62-2 of the Criminal Act, the fact that the defendant is subject to six previous convictions (one case before the suspension of the execution of a sentence, one case before the suspension of the execution of a sentence), the fact that the blood alcohol content is high, the short driving distance is short, and the like as a family form