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 July 15, 2013, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on July 15, 2013, and on February 13, 2012, the same court was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving).

On May 1, 2016, the Defendant, who violated Article 44(1) of the Road Traffic Act two or more times, driven a B car owned by the Defendant under the influence of alcohol with approximately 200 meters alcohol concentration of 0.132% while under the influence of alcohol without obtaining a driver's license for a vehicle driving license for a section of approximately 200 meters from the road near Daejeon Pungdong-gu Daejeon Metropolitan City to the roads front of the Songdong-dong, Daejeon Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of control, records of the control of drinking driving, results of the control of drinking driving, and statement of the state of drinking drivers;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. It is an unfavorable circumstance that the previous conviction of the same kind of fine is five times for the reason of sentencing of Article 62-2 of the Criminal Act for community service and lecture attendance order.

The fact that the defendant is recognized as committing a crime and is against the law, and that there are no criminal records of suspended execution or more are favorable circumstances.

In addition, the punishment shall be determined as ordered in consideration of various sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, and environment of the defendant.