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 September 16, 2008, the Defendant received a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving) from the Daegu District Court Port Branch on September 16, 2008, and a summary order of KRW 3 million for the same crime in the same court on May 29, 2014.

【Criminal Facts】

Although the Defendant was punished twice or more due to drunk driving, on March 26, 2015, at around 00:58, the Defendant driven a motor vehicle of 1 k-hurd from the front side of the week where it is difficult to find out the trade name near the nuclear power tower in the Nam-gu, Yongcheon-gu, Yongcheon-gu, Chungcheongnam-do, in the state of drinking alcohol concentration of 0.077% under the influence of alcohol without obtaining a driver’s license, to the front side of the city where it is difficult to find out the trade name near the nuclear power tower in the south-gu, Seocheon-gu, Seoul at the port.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal records, investigation report (report attached to a summary order, etc. of the same kind of power);

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. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment shall be imposed on the person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation, but choice of imprisonment shall be imposed);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has a variety of records of punishment for drunk driving and that there are other records of punishment.

However, the fact that the crime of this case did not cause any particular traffic accident, the drinking water level is relatively high, and the defendant has been sentenced one time to suspend the execution due to another type of crime for about nine years.