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 July 13, 2007, the Defendant was sentenced to a summary order of 1.5 million won or more for a violation of the Road Traffic Act, and on June 19, 2008, the Defendant was sentenced to a summary order of 3 million won or more for the same crime, etc. in the same court. On July 22, 2008, the Defendant was sentenced to a suspended sentence of 6 months or more for the same crime. On April 16, 2014, the Defendant was sentenced to a summary order of 6 million won or more for the same crime.

At around 13:00 on December 19, 2014, the Defendant driven a B rocketing car under the influence of alcohol content of about 0.064% without a driver’s license on the section of about 50km from the front of a restaurant of “cream” located in the upper-dong in Jinju-si, Jinju to the lower-dong, Hadong-dong, Handong-gun, Handong-gun, Seoul, to the lower-dong road.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. Registers of driver's licenses;

1. A report on the situation of driving without a license, a report on the situation of operating without a license, and a report on the state of state of state of a driver's license, which is made on the red-accident, the incident autopsy;

1. Previous records of judgment: Criminal records, investigation reports (Attachment to attached records of the same kind of judgment), court rulings, and application of summary order statutes;

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

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

1. The Defendant committed the instant crime in spite of the fact that the reason for sentencing under Article 62-2 of the Criminal Act of the probation and community service order had been sentenced to a fine or a suspended sentence several times for the same kind of crime, and the Defendant committed the instant crime.