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 October 23, 2006, the Defendant received a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) from the Suwon District Court's branch on May 17, 2010. On August 20, 201, the Defendant received a summary order of KRW 4 million for a crime of violation of the Road Traffic Act (driving). On August 20, 2014, the Defendant received a summary order of KRW 7 million for a fine of KRW 1.7 million for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving).

【Criminal Facts】

On November 14, 2014, the Defendant, without obtaining a driver’s license at around 15:16, driving a vehicle with approximately 300 meters wide from the Do in front of “furnal shopping,” located in the Cheongju-gu Heung-gu Seoul Metropolitan City, which was under the influence of alcohol level of 0.158%, at around 15:16, the Defendant driven a vehicle at around 300 meters wide (K7).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. A driver's license inquiry;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (report on the binding of summary orders on the same type of power), and application of four copies of summary orders under Acts and subordinate 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 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. Probation and community service order crimes under Article 62-2 of the Criminal Act are three times of criminal convictions due to the violation of the Road Traffic Act, and two times of criminal convictions due to the violation of the Road Traffic Act.

In particular, the defendant was committed on June 8, 2014 when the last drunk driving crime was committed.