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 August 16, 2011, the Defendant issued a summary order of KRW 2 million for a fine of KRW 2 million for a violation of the Road Traffic Act at the port branch of the Daegu District Court on August 16, 201, in the same court on October 17, 201, and on July 2, 2012, the same court issued a summary order of KRW 5 million for the same crime, etc.

On January 17, 2015, the Defendant, without obtaining a driver’s license at around 02:05, driven a BEX car at a section of about 20 meters from the fifth apartment of the warning power plant located in the Seongbuk-gu, North-gu, U.S., U.S., at the port to the front day of the BEX car at around 0.124% of alcohol level, while under influence of alcohol at 0.124% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report attached to the same type of summary order);

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 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

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

1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act are disadvantageous to the defendant for the reason of sentencing in light of the fact that the defendant has been punished three times due to drunk driving or unlicensed driving, and that there are many other kinds of crimes punished as crimes, and that there is a high drinking level.

However, the fact that the defendant has no penalty power exceeding the fine, the driving distance is relatively short, and the defendant's mistake is against the defendant, and the defendant will not again drive or drive without a license again in the future.