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 31, 2008, the Defendant was sentenced to a fine of 1.5 million won for the crime of violating the Road Traffic Act at the Seoul Western District Court on January 31, 2008, and on October 2, 2008, the same court was sentenced to a fine of 3 million won for the crime of violating the Road Traffic Act. On February 8, 2013, the same court was sentenced to a fine of 7 million won for the crime of violating the Road Traffic Act.

On August 3, 2014, the Defendant, without a driver’s license on August 3, 2014, driven a DA6 car from approximately 500 meters from the road of about 110 meters Seoul Mapo-ro to the same 145-ro, while under the influence of alcohol content of 0.08%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Registers, etc. of driver's licenses;

1. Records before judgment: Criminal records, etc. inquiry reports, investigation reports, and application of each summary order Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., that a person does not drive under the influence of alcohol in the future as he/she repents wrongs);

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. In light of the fact that the defendant, who has been punished several times due to the reason of sentencing under Article 62-2 of the Criminal Act, driving without a license for drinking alcohol, is driving without a license, the liability for such crime shall not be mitigated;

However, the order shall be taken into consideration in favor of the fact that the error is recognized, the fact that there is no criminal record exceeding the fine, the fact that the driving of this case did not cause a traffic accident, and considering all other circumstances that form the conditions for sentencing, such as the character, conduct and environment of the defendant.