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 of the final judgment.

Punishment of the crime

[criminal power] On November 1, 2005, the defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Jeonju District Court on July 6, 2006, a fine of 1.5 million won for the same crime, etc. at the same court on July 6, 2006, a fine of 3 million won for the same crime in the same court on October 31, 2008, and a fine of 2.5 million won for the same crime on August 1, 2013 by the same court on August 1, 2013.

【Criminal Facts】

On November 3, 2014, the Defendant was under the influence of alcohol by 0.062% without obtaining a driver’s license at around 21:19, the Defendant driven a B EFystet car, one of its own possession, from the day before the restaurant located in the Donjin-gu Seoul Special Metropolitan City to the Dong-gu unit in Jeonju-si, Seojin-gu, Seoul Special Metropolitan City, to the day before the water delivery station in front of the water delivery station at around 641.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Inquiry into driver's licenses;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate 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 (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 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 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the reason for discretionary mitigation);

1. Although the reasons for sentencing under Article 62-2 of the Criminal Act for community service and lecture attendance order had the record of punishment several times for the same crime, if the defendant again committed the crime of this case, the circumstances and the nature of the crime of this case are not less than that of the defendant. However, the records of this case, such as the fact that the defendant led to confession and seriously reflects the crime of this case, the defendant did not have any criminal record exceeding fine due to the same crime, and the family environment of the defendant, etc