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 February 13, 2008, the Defendant issued a summary order of 1.5 million won to a fine for a violation of the Road Traffic Act at the Seoul Southern District Court on February 13, 2008, and on November 29, 2013, the Defendant issued a summary order of 5 million won for the same crime at the same court on November 29, 201, and has the record of violating Article 44(1) of the Road Traffic Act on at least two occasions.

On August 22, 2015, the Defendant, without obtaining a driver's license at around 01:10, driven a B Sti-type car at a distance of about 50 meters from the front road of the Young-gu Social Welfare Center located in the territory of Young-gu, Suwon-si, in a state of drinking alcohol concentration of 0.120%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. A driver's license inquiry;

1. Four copies of the on-site photographs;

1. Previous convictions in judgment: Application of a reply to criminal records, replys to a summary order, etc.;

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. Article 53 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined by taking into account the various circumstances, such as the fact that the defendant is against the reason of sentencing under Article 62-2 of the Criminal Act, the fact that the defendant is sentenced to a fine for the same kind of crime, the fact that the amount of a fine is not low, the driving distance is not long, and the family form is not long, etc.