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

In the Daegu District Court and Kimcheon Branch on October 26, 2006, the Defendant was sentenced to a fine of KRW 1.5 million for the crime of violation of the Road Traffic Act in the Daegu District Court and Kimcheon Branch on July 23, 2007, a fine of KRW 1 million for the same crime in the same court on July 23, 2007, a fine of KRW 3 million for the same crime in the same court on August 23, 201, and a fine of KRW 6 million for the same crime in the same court on August 27, 2014, respectively.

On August 22, 2014, at around 20:55, the Defendant, at the time of stay, driven a DNA cargo vehicle with a blood alcohol concentration of 0.139% without obtaining a driver's license from the front side of the spo field of the Defendant, located in B from about 30km to the Chocheon-si, Kimcheon-si.

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. The circumstantial report on drivers and the register of driver's licenses;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the fact that there is no accident caused by the crime in the market, the confession of and reflects on the depth of the crime, and other consideration such as the age, academic background, economic conditions, the support relationship for the wife, etc.);

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

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;