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 January 10, 2008, the Defendant was sentenced to a fine of two million won due to a violation of the Road Traffic Act (driving) at the Ulsan District Court on January 10, 2008 and a fine of five million won due to a violation of the Road Traffic Act (driving) at the same court on September 23, 2013.

On November 22, 2013, at around 23:40, the Defendant, without a car driver’s license, driven Cpoter, a vehicle to cut down at approximately 300 meters away from the 300-meter section of Cpoter, from the front side of the Gulesan Hospital located in the south-gu, Ulsan-gu, Ulsan-do, without a car driver’s license, in the influence of alcohol by 0.153%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Before judgment: References to criminal records, references to criminal records, previous records of disposition, and application of Acts and subordinate statutes reporting results;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);

1. Selection of imprisonment with prison labor chosen;

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

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

1. The reason for sentencing under Article 62-2(1) of the Criminal Act on probation and order to attend a lecture is that the defendant has a previous record of driving under the influence of alcohol in 200, 203, 2005, 2008, and 2013, which was sentenced to a fine on the basis of a violation of the Road Traffic Act (driving) in September 2013, even if he was sentenced to a fine on the basis of a violation of the same Act (driving). In addition, even if he was sentenced to a fine on the ground of a violation of the Road Traffic Act in 200, 200, 2005, 2008, and 2013, he was sentenced to a suspension of the execution of a sentence by taking into account the following circumstances: (a) the suspension of the execution of sentence