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.

Criminal facts

On December 19, 2008, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) from the Jinyang Branch of the Jinyang Branch of the District Court, and on October 12, 2009, the Defendant received a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Jinyang Branch of the District Court.

As such, the Defendant has been punished two times or more due to drinking driving.

The Defendant, while under the influence of alcohol content 0.116%, was under the influence of alcohol, was driving without obtaining a driver’s license, and on March 15, 2014, at approximately 100 meters from the front of the luminous conference located in the direction of the Goi-gu in the Goyang-si, Goyang-si, Goyang-si, Goyang-si, the Defendant driven a B-hand vehicle at the front of the light under the influence of alcohol content.

Summary of Evidence

1. Statement by the defendant in court;

2. A report on the situation of running a motor vehicle with the driver’s license and a driver’s license inquiry;

3. Previous records before ruling: Application of criminal records, references to criminal records, investigation reports (Evidence List No. 9)-related Acts and subordinate statutes.

1. Relevant Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime, and subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the Road Traffic

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of imprisonment with prison labor chosen;

4. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

6. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the Defendant committed the instant crime in the past even though he had been punished several times due to drinking driving, and that if he did so, the nature of the crime should be deemed to be bad if he did so, it is an element for sentencing unfavorable to the Defendant.

On the other hand, the fact that the defendant recognizes all the facts charged in the instant case and reflects it is an element of sentencing favorable to the defendant.

Furthermore, the sentencing data, such as the age, character and behavior, and environment of the defendant, were considered equally.