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 October 29, 2009, the Defendant was sentenced to four months of imprisonment with prison labor for a violation of the Road Traffic Act in the Gwangju metropolitan District Court's branch on October 29, 2009, and was sentenced to a fine of seven million won in the same court on September 18, 2012.

1. Around 21:00 on November 14, 2013, the Defendant, without a driver’s license, driven a D newter’s first-class truck from about 1km to the front road of the Defendant’s house located in Southern-gun C, Nam-nam, without a driver’s license.

2. On November 14, 2013, the Defendant was a person who had been punished twice or more due to a violation of the Road Traffic Act (driving) and was driving a D New Airport in a section of about 200 meters from a distance of about 200 meters from the front of the house of F in the south Navy E in the condition of under the influence of alcohol of 0.210% of alcohol level on November 21, 2013 to the front of the school class in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (a copy of the same type of power judgment, etc. attached thereto);

1. Relevant provisions of Article 148-2 (2) 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 work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 2006);

1. Suspension of execution under Article 62(1) of the Criminal Act (in addition to the grounds for discretionary mitigation, various circumstances, such as the Defendant’s age, character and conduct, home environment, and circumstances after committing the crime, etc. recorded in the records of this case).