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

On July 10, 2006, the Defendant was sentenced to a fine of two million won for the violation of the Road Traffic Act (driving) at the Gwangju District Court on July 10, 2006 and a fine of two million won for the violation of the Road Traffic Act (driving on December 19, 2008).

On July 4, 2014, the Defendant, without a driver’s license at around 01:25, driven a B Eccoo vehicle at approximately 2 km from 368-10 to 71 old-ro, Hancheon-gu, Hancheon-gu, Seoul Special Metropolitan City, with a blood alcohol content of 0.106%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, report on the state of driving under the influence of alcohol without a license, inquiry into the results of the control of driving under the influence of alcohol, report on appraisal, report on alcohol from blood, report on driving under the influence of alcohol, report on assessment of drivers under the influence of alcohol, report on identification, and report on investigation;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (the same shall apply to reasons for discretionary mitigation);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant had been punished several times due to drinking alcohol and driving without a license during the period of suspension of execution, and he/she had driven without a license under the influence of alcohol again during the period of suspension of execution.

However, the punishment as ordered shall be determined by comprehensively taking into account all the sentencing conditions, such as the defendant's confession, the numerical value of alcohol concentration in blood, the distance of driving and other factors, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.