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 September 27, 2007, the Defendant was sentenced to a summary order of one million won for a crime of violating the Road Traffic Act at the Cheongju District Court, and on August 31, 2012, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act at the Cheongju District Court.

On February 6, 2015, at around 10:20, the Defendant driven B 130 automobiles under the influence of alcohol concentration of approximately 0.057% without obtaining a driver’s license from a section of about 7 km from the land-distance market located in the area of Cheongju-si to the road located in Cheongju-si to the pre-road of rice treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Inquiry the results of the drinking driving control;

1. Previous convictions indicated in judgment: Criminal history records, investigation reports (attached to the previous and summary orders), and application of Acts and subordinate statutes of summary order (Evidence List No. 10);

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

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. Social service order under Article 62-2 of the Criminal Act;

1. The Defendant was sentenced to a suspended sentence of imprisonment with prison labor on the ground that he was under the influence of drinking driving at least two occasions and was subject to a suspended sentence of imprisonment with prison labor on the ground that he was under the influence of drinking driving. At the time, the Defendant attended the compliance driving lecture

Nevertheless, the crime of this case was committed.

After selecting imprisonment in consideration of all the conditions of sentencing, such as the fact that the person committed the instant crime while driving in the next day after drinking alcohol and driving in the next day, the sentence shall be mitigated, and the execution of the sentence shall be suspended by additionally ordering community service work.