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, 2005, the Defendant was sentenced to imprisonment with prison labor for 6 months and one year of suspension of execution for a violation of the Road Traffic Act, and sentenced to imprisonment with prison labor for a violation of the Road Traffic Act at the Gwangju District Court on February 19, 2008. On December 28, 2010, the Defendant was sentenced to four months of imprisonment with prison labor for a violation of the Road Traffic Act at the wooden Branch of the Gwangju District Court on December 28, 201. On August 16, 2011, the Defendant was sentenced to a summary order of 4 million won for a violation of the Road Traffic Act at the wooden Branch of the Gwangju District Court on August 16, 201.

【Criminal Facts】

On July 28, 2014, at around 20:00, the Defendant driven a D1 ton truck at a section of about 10 km away from the front of the Hap-gun, Hapyeong-gun to the front road of the Mapung-gun, Chungcheongnam-gun, Seoul, with a blood alcohol concentration of 0.137% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver (A) and report on the circumstantial statement of a host driver;

1. The motor vehicle driver's license ledger;

1. Previous convictions indicated in judgment: Criminal records, etc. and application of inquiry reports and investigation reports (related to the same criminal records);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. not only driven a motor vehicle without a driver's license, but also is punished by imprisonment for a crime of drinking and unlicensed driving for eight times from around 2001 to around 201.