A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal record] On January 15, 2010, the Defendant was issued a summary order of a fine of three million won due to a violation of road traffic law in the port branch of the Daegu District Court on the same day. On January 17, 2007, the Defendant was sentenced to a suspended sentence of two years in imprisonment with prison labor and six months for the same crime in the same court.

[2] While Defendant 1 had been able to violate Article 44(1) of the Road Traffic Act not less than twice, Defendant 2 driven B cargo under the influence of alcohol level of about 0.177% in blood alcohol level without obtaining a driver’s license in the area of approximately 4km from the Sejong Sejong-si, Chungcheongnam-gu, Seoul, Seoul, to the 2nd apartment parking lot located in the same Eup/Myeon located in the Namcheon-gu, Chungcheongnam-gu, Nam-gu, Seoul, Seoul, to the second apartment parking lot located in the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment, such as a copy of the same criminal record and summary order);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment imposed on a person who violates the Road Traffic Act due to a heavy drinking driving, shall be punished, but the punishment shall be chosen by imprisonment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following sentence shall be considered in consideration of the circumstances favorable to the defendant, the sentencing of which

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there is a history of suspended sentence by drinking, driving without a license, which has been punished once a fine, which is favorable to the fact that the amount of a fine is high: simply drinking, driving without license, which does not cause a traffic accident due to a simple drinking, driving without license, and the previous record of suspended sentence due to drinking, driving without license, which exceeds the fine for the same type of crime thereafter.