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 March 4, 2016, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Cheongju District Court Support on March 4, 2016, and a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Cheongju District Court Support on April 29, 2016.

【Criminal Facts】

피고인은 위와 같이 도로교통법위반(음주운전)죄로 처벌받은 전력이 2회 이상 있음에도, 2016. 6. 12. 01:50경 제천시 청전대로10길 8 락앤롤 주점 앞 도로부터 같은 시 내토로 287 CU편의점 앞 도로에 이르기까지 약 3.5km 구간에서, 자동차운전면허를 받지 아니하고, 혈중알코올농도 0.052%의 술에 취한 상태로 C NEW EF 쏘나타 승용차를 운전하였다.

Summary of Evidence

【Criminal Facts in the Market】

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. The ledger of driver's licenses;

1. Explanation of the scene of drinking-driving (criminal records on the market);

1. A inquiry report on criminal records, etc.;

1. Investigation report (verification of criminal records of the same kind);

1. Application of a copy of Acts and subordinate statutes of summary order;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

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. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered by considering the reasons for sentencing under Article 62-2 of the Criminal Act.

A drinking-driving shall be three times as a drinking-free driving, and a non-licensed driving.