A defendant shall be punished by imprisonment for not more than ten 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 October 12, 2012, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act at the Daejeon District Court on December 6, 2010, and was sentenced to a summary order of three million won for a violation of the Road Traffic Act at the Daejeon District Court on December 6, 2010. On February 13, 2009, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act. On June 14, 2006, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Daejeon District Court on June 14, 2006.

On June 16, 2013, at around 15:14, the Defendant driven a motor vehicle in Category C, under the influence of alcohol content of at least 0.066% without obtaining a driver’s license, from the roads located in Black-dong, Seo-gu, Daejeon to the front of the entrance of the head of the Gaba-dong in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking and driving, and the register of driver's licenses;

1. Application of Acts and subordinate statutes concerning criminal records and investigation reports (same criminal records);

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing):

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. The defendant's responsibility for the crime of this case is heavy in light of the fact that the defendant committed the crime of this case at the same time despite the fact that the reason for sentencing under Article 62-2 of the Criminal Act of probation and community service order had a history of punishment due to drinking driving, etc.

However, a judgment of suspension of execution shall be sentenced in consideration of the fact that the drinking water in this case is not high and that the defendant reflects the wrongness, and probation and community service shall be added to prevent recidivism.

It is so ordered as per Disposition for the reasons above.