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 of the final judgment.

Punishment of the crime

On November 17, 2006, the Defendant issued a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on November 17, 2006, and on November 15, 2013, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Goyang Branch District Court on November 15, 201 and violated Article 44 (1) of the Road Traffic Act at least twice.

On August 1, 2014, the Defendant driven a car in C again as the blood alcohol concentration of 0.114% is under the influence of alcohol in front of the 8-lane complex located in the Paju-si, Paju-si without obtaining the driver’s license, and is under the influence of alcohol level of 0.14%.

Accordingly, the defendant, while driving without a license, was driving a motor vehicle while under the influence of alcohol, even though he violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Each previous record of his/her driving report and driver's license inquiry report;

1. A statement on criminal records, etc.;

1. Confirmation of criminal records of the same kind and application of Acts and subordinate statutes to summary orders;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. 법률상 처단형의 범위 : 징역 6월 ∽ 1년 6월

2. Whether the sentencing criteria are applied: Smaller, and the sentencing criteria are not set, as well as commercial concurrent crimes.

3. Determination of sentence: Consideration of ten months of imprisonment and two years of stay of execution, including the circumstances of the operation of the instant case, drinking water, driving without a license, previous convictions, relationship with the criminal defendant's family, relationship with the criminal defendant's family, and behaviors; and