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 of the final judgment.

Punishment of the crime

[criminal power] On July 8, 2008, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Jeonju District Court on July 8, 2008 and a fine of five million won for the same crime at the same court on March 12, 2012.

【Criminal Facts】

Although the Defendant had a alcohol driving force twice or more as above, on August 4, 2014, at around 23:19, the Defendant driven Bsch-ton car from the 1km section from the front side of the Yansan-gu Yansan-gu Yancheon-dong, to the front side of the Yansan-dong cafeteriam of the same Gu, under the influence of alcohol by 0.202% of the blood alcohol concentration without a vehicle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial report of an employee;

1. Registers of driver's licenses;

1. Records before judgment: Criminal records, etc., inquiry reports, investigation reports, and application of summary order 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 (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the reason for discretionary mitigation);

1. Although the reasons for sentencing under Article 62-2 of the Criminal Act include two times of drinking driving and four times of punishment due to unauthorized driving, the fact that the defendant again commits the crime of this case does not seem to be less than that of the crime of this case. However, the fact that the defendant confessions the crime of this case and seriously reflects the crime of this case, that the defendant does not have any criminal records exceeding fines due to the same kind of crime, and that the sentencing records of this case, such as the background of this case and the family environment of the defendant, etc., are equally considered to determine the same punishment as the order.