A defendant shall be punished by imprisonment for not more than ten 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 April 5, 2010, the Defendant was sentenced to a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the Cheongju District Court’s Chungcheong Branch on April 5, 2010, and was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Daejeon District Court on February 25, 2015.

【Criminal Facts】

On January 17, 2015, the Defendant, without obtaining a driver’s license at around 05:30, driving C rocketing car over about 1 km from a Do in the vicinity of the Yak-gu Sowing-gu, Cheongju to the roads prior to the Seocho-gu Office of Cheongju located in 109, Cheongju-do, under the influence of alcohol content of 0.11% of the blood alcohol content without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and investigation report;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The Defendant, as stated in the first head of the judgment in sentencing sentencing Article 62-2 of the Criminal Act, has been punished twice by a fine due to a violation of the Road Traffic Act, etc. In particular, since the date of the last alcohol driving crime has not passed more than three months since the date of the last alcohol driving, and even when a driver was under a license without a license, the Defendant repeated the instant crime by drinking exclusively to the extent under the influence of alcohol and repeating it, the Defendant shall be subject to strict punishment.

However, the defendant does not commit a second offense by reflecting the wrongness.