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

[Criminal Power] On July 14, 2006, the Defendant was issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on July 14, 2006, and on December 20, 2012, the Defendant was sentenced to a suspended sentence of one year for six months.

【Criminal Facts】

On December 23, 2014, at around 15:35, the Defendant driven B 3 cargo vehicles under the influence of alcohol with a blood alcohol concentration of 0.090%, without obtaining a driver’s license, from around 8km section from 10, Seosan-si, Seosan-si, Seosan-si to 66, Seosan-si.

As a result, the Defendant violated it more than twice even though he was unable to drive a motor vehicle under the influence of alcohol, and again drive the said cargo under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into driver's license and the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (report on confirmation of the same kind of power) 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 (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;

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 of the Criminal Code of the Order to Attend a lecture even though the defendant had been sentenced three times to a suspended sentence for the same crime, he is recognized as driving again, but the defendant was driving at the time of the instant case in order to bring about intellectually disabled children, and the defendant's blood alcohol concentration was not significantly high, and the sentence like the order shall be determined by comprehensively taking into account all the conditions of sentencing as shown in the records and arguments of the instant case.