A defendant shall be punished by imprisonment for not more than ten 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 June 14, 2012, the Defendant was sentenced to a suspended sentence of four months for a crime of violating the Road Traffic Act at the Suwon District Court on April 2012, and on January 8, 2014, the Defendant was issued a summary order of a fine of three million won or more at the Suwon District Court on January 8, 2014, and was in violation of Article 44 (1) of the Road Traffic Act on more than two occasions.

On May 17, 2015, the Defendant driven BRano 4.5 tons in the section of about 2 km to the front of the public parking lot of the Suwon World Cup stadium, which is located in the Suwon-si 958 Dong-dong 958, under the influence of alcohol by 0.116% without obtaining a driver's license on May 14, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Place where the results of the drinking driving control are recorded and notified;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of a reply to criminal records, reply, and copy of judgment;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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 shown in the order shall be determined, considering the fact that the defendant is against the reason for sentencing under Article 62-2 of the Criminal Act, that the previous case and seven cases are against the defendant (including one case before a suspended sentence of imprisonment, one case before a fine during a suspended sentence of imprisonment, one case before a suspended sentence of a fine), that the amount of alcohol is not low, that large trucks drive a large truck, circumstances of dependent family members, etc.;