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 May 29, 2009, the Defendant was issued a summary order of a fine of KRW 4 million due to a violation of the Road Traffic Act, etc. at the Changwon District Court's branch on May 29, 2009. On July 15, 2009, the Defendant was sentenced to six months of imprisonment and two years of suspended execution.

Despite the fact that the Defendant had been subject to punishment twice or more for a violation of the Road Traffic Act (driving) as above, the Defendant driven C Poter Cargo Vehicles while under the influence of alcohol content 0.240%, without obtaining a driver’s license, at approximately 10 meters near the 3-18-11 meters away from the 16:58 south-nam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Seoul, on July 21, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. On-site investigation reports;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and attachment of judgment) and 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 (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 for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment;

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 consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, despite the fact that the defendant had been punished several times for the same kind of crime, again committed the instant crime, and the drinking water level is high, there is a need for a strict punishment for the defendant.

However, in consideration of the fact that the defendant reflects his mistake and the past records of drinking driving have relatively passed, the sentence of the same sentence as the order shall be imposed.