A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 17, 2008, the Defendant was sentenced to a fine of one million won due to a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch of the Daegu District Court on April 7, 2009, a fine of two million won due to the same crime in the same court on April 7, 2009, and a fine of three million won due to the same crime in the same court on October 4, 201, respectively. On September 14, 201, the Defendant was sentenced to a summary order of three million won due to the same crime in the same court on September 14, 2012.

On August 27, 2014, at around 22:18, 2014, the Defendant driven B rocketing car with a blood alcohol concentration of 0.064% without obtaining a driver’s license from around 20 meters from the front of locker in the Kimcheon-si to the front of locker in the same Dong.

Accordingly, the defendant, who violated two times the prohibition of driving under the influence of alcohol, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Details of inquiries about the management of reports on the actual status of drivers, registers of driver's licenses, records of 112 reported cases, and records of management of reports on detection of driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (report on the confirmation of the same criminal records);

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 (the punishment imposed on a violation of the Road Traffic Act of which punishment is heavier);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (the punishment shall be imposed in that the crime committed while the previous ability is reached six times, and the punishment shall be imposed in that it was committed during the period of probation, but the punishment shall be imposed in consideration of the fact that the punishment is not excessive, that there is no accident causing it, that there is a wife and two children to support the crime);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Probation;