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 February 3, 2010, the Defendant received a summary order of a fine of two million won for a violation of the Road Traffic Act (driving) from the Changwon District Court through the Changwon District Court on February 3, 2010, and on June 24, 2013, the Defendant received a summary order of a fine of 1.5 million won for a violation of the Road Traffic Act (driving) from the Changwon District Court through the Changwon District Court.

【Criminal Facts】

피고인은 2014. 7. 12. 02:40경 경남 거제시 아주동 불쭈꾸미 식당 앞 도로에서부터 같은 날 05:03경 같은 동 대우조선 동문 앞 도로에 이르기까지 약 2km의 구간에서 자동차운전면허를 받지 아니하고, 혈중알콜농도 0.133%의 술에 취한 상태로 B 인피니티 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Control photographs, driving reports, reports on the actual state of driving, reports on the status of driving without a license, reports on the status of driving without a license, register of driver's licenses, and details of disposition for cancellation of a driver's license;

1. Before and after ruling: Criminal history records, reply reports, and application of three copy of the judgment to three Acts and subordinate 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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 for the reason of sentencing under Article 62-2 of the Criminal Act requires more severe punishment by re-offending despite the number of records subject to punishment for the same kind of crime. However, the defendant's confession and reflect that the defendant does not repeat again while committing the crime of this case. In addition, the defendant's age, character and conduct, family relationship, home environment, means of crime, circumstances after the crime, etc. shall be considered, and the punishment as ordered by the order shall be determined by taking into account the sentencing conditions specified in the records of this case.