1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 27, 2010, the Defendant was issued a summary order of 3.5 million won by a fine for a violation of the Road Traffic Act, in the Daegu District Court Kimcheon-gu branch of the Daegu District Court on September 27, 201, and on January 10, 201, the same court issued a summary order of 3.5 million won for a violation of the Road Traffic Act.

The defendant is a holder of Chived vehicle.

On April 10, 2013, at around 23:10, the Defendant driven a motor vehicle with hurburg without a vehicle driver’s license while under the influence of 0.106% of blood alcohol level without driving a motor vehicle.

As a result, although the defendant had the power of violating driving under the influence of alcohol more than twice, he again driven the motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Previous convictions in judgment: Application of investigation reports (a report on confirmation of the same criminal records) Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures lies in a career of having been punished four times from September 2010 to January 201 by drinking and driving without a license. In particular, around September 201, the Defendant was sentenced to a suspended sentence of one year for four months due to a licensed driving. Nevertheless, the Defendant committed the instant crime of drinking and driving without a license without a license without a long term of punishment.