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 October 20, 2008, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Changwon District Court on October 20, 2008. On December 28, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) in the same court.

【Criminal Facts】

On January 18, 2013, at around 19:59, the Defendant driven a cknife vehicle with a blood alcohol content of about 400 meters at a section of about 0.050 meters, without a car driver’s license, in the state of under the influence of alcohol of about 0.050% in front of the original cnife clife, which is located in the original clife-gu, Seocho-si, Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. The ledger of driver's licenses;

1. Previous records: Application of criminal records, etc. inquiry inquiry reports (A)-related Acts and subordinate statutes;

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 extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing of Article 62-2(1) of the Criminal Act on probation and order to attend a lecture shall be determined by taking into consideration the following circumstances: (a) the fact that, since 2001, the same act is not very good repeatedly committed even though 4 times due to drinking driving or three times due to unlicensed driving or three times due to the same experience of punishment, etc.; (b) the defendant’s mistake is against himself/herself; and (c) the fact that there is no penalty force exceeding the fine.

However, since it seems that the driver has continuously engaged in driving activities since 2001, probation and lecture order shall be added in order to eradicate the unauthorized driving in the future.