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 June 23, 2008, the defendant was issued a summary order of 700,000 won for the crime of violation of the Road Traffic Act in the Gwangju District Court's net support on November 3, 2009, and was issued a summary order of 1 million won for the same crime in the same court on November 3, 2009, and was issued a summary order of 3 million won for the same crime in the same court on May 10, 2010.

【Criminal Facts】

On July 26, 2015, at around 14:20, the Defendant driven C cargo vehicle while under the influence of alcohol with a blood alcohol concentration of 0.143% without obtaining a driver’s license from around 3km-dong from the front side of the innan City, Chungcheongnam-dong, to the front side of the same Sinung-dong.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. On April 22, 2010, the Defendant for the reason of sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service without obtaining a driver’s license again even after the license was revoked, and the Defendant again committed the instant crime despite the record of punishment several times of drinking driving, and the blood alcohol content is considerably higher than 0.143%.