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 April 10, 2008, the Defendant was sentenced to imprisonment with prison labor for 4 months and 2 years of suspension of execution for a violation of the Road Traffic Act at the Jung-gu District Court on April 10, 2008. On April 16, 2013, the same court issued a summary order of KRW 8 million for a crime of violating the Road Traffic Act.

【Criminal Facts】

On July 6, 2014, at around 20:55, the Defendant driven CF Baa while under the influence of alcohol with a blood alcohol concentration of 0.241% without obtaining a driver's license within a section of approximately one kilometer from the front side of the upper road in the Dongducheon-si Do, to the front side of the same line of business located in the same location.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A traffic accident report, accident site and vehicle photograph;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Registers of driver's licenses;

1. Before judgment: References to criminal records and investigation reports, and the application of Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol more than twice), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the following favorable circumstances:

1. Article 62 (1) of the Criminal Act (including the following favorable circumstances, etc.):

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. have a large number of records of fines and imprisonment with prison labor.