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 June 1, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court, etc., and on May 1, 2014, the Defendant was sentenced to a fine of six million won for a violation of the Road Traffic Act (driving) at the Incheon District Court’s Busan District Court’s Busan Branch Branch.

【Criminal Facts】

On January 10, 2016, at around 23:53, the Defendant driven a B-hurged vehicle with approximately 500 meters alcohol concentration of 0.134% under the influence of alcohol without a vehicle driver’s license from a section of about 500 meters from the roads near the KBS located in the original city of Suwon-si to the roads front of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the influence of alcohol, report on the state of standing of a driving under the influence of alcohol, notification on the results of the control of drinking under the influence of alcohol, and inquiry;

1. Registers of driver's licenses;

1. Previous records of judgment: Resident inquiry and criminal records, and application of statutes governing judgment;

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 Act on probation and order to attend a lecture has been three times the record of punishment after driving under drinking, and driving under drinking again.

Such circumstances and the defendant's age, occupation, character and conduct, the details of the crime and circumstances after the crime are committed shall be determined as per Disposition.