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 November 25, 2009, the defendant was sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act in the Gwangju District Court's net support on November 25, 2009, and on November 6, 2013, the defendant was sentenced to a summary order of five million won for a violation of the Road Traffic Act by the same court on November 6, 201.

On December 11, 2014, at around 15:47, the Defendant, without a car driver’s license, driven a car with C low-est car at about 3 km section from the front road of the Ycheon-gu Dencheon-dong river club to the happy road of the same city with the same city in the state of alcohol content of 0.056%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report (one report);

1. The circumstantial statement of the employee;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records and other inquiry reports, investigation reports (a summary order and attachment of judgment) and the application of 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 ( considered as favorable circumstances among the reasons for the punishment in prison);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime even though he/she had the same record of punishment for driving without a license for the same kind of drinking alcohol on several occasions, and the nature of the offense is heavy.

However, in consideration of the fact that the Defendant reflects the instant crime, that the blood alcohol content is not relatively high to 0.056%, and that it is said that the Defendant would not drive under the influence of alcohol in the future, the execution of imprisonment shall be suspended only once.