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 November 20, 2012, the Defendant issued a summary order of KRW 4.5 million for a violation of the Road Traffic Act at the Changwon District Court’s Tongwon District Court’s Tongwon Branch on November 20, 2012, and on December 16, 2014, the Defendant issued a summary order of KRW 5 million for the same crime.

On May 25, 2015, the Defendant, without a driver’s license, driven B Poter truck at a section of about 1km from the front side of the 7rd road of the members of Ansan-si, Ansan-si to the front side of the 621st day of the terminal located in Ansan-si moving 621, under the influence of alcohol concentration of 0.164% of the blood alcohol content, without a driver’s license.

As a result, the defendant was driving a motor vehicle without a driver's license and was in violation of the prohibition of driving under the influence of alcohol not less than twice, and was driving a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Report on the situation of operation without a license;

1. A report on the actual status of a host driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports (A), investigation reports (informating a copy of a summary order), and application of Acts and subordinate statutes of one written 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. have not only been punished for drunk driving in 2012 and 2014, but also been punished for drunk driving in 2006. However, even if the defendant had a record of being punished for drunk driving and drunk driving in 206, he/she again made a drunk driving in the state of without a license.