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

[criminal power] On July 11, 201, the Defendant issued a summary order of KRW 1 million at the Seoul Central District Court for a violation of the Road Traffic Act (driving). On November 22, 2013, the Defendant had the record of being issued a summary order of KRW 4 million by the same court as a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

On May 21, 2014, around 08:00, the Defendant driven B K3 automobiles under the influence of alcohol content of about 0.150% without obtaining a driver’s license in a section of about 7 km from the day before Cinadong-gu, Yongsan-gu, Young-si, Youngcheon-si to the day before Cincheon-gu, Seoul.

Therefore, even though the Defendant violated the regulations on prohibition of drinking driving more than twice, the Defendant again driven a car while under influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license inquiry;

1. Making a report on the control of drinking driving;

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

1. Before judgment: References to criminal records, references to criminal records, and application of Acts and subordinate statutes to criminal investigation reports (Attachment of a copy of summary order);

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 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. Since the defendant committed the instant crime again since it was punished as the force similar to the same kind of reason for sentencing under Article 62-2 of the Criminal Act, it is highly necessary to impose strict punishment, such as not recognizing the risk of driving without a license for drinking alcohol.

However, this time is taken into account the fact that the defendant does not repeat the crime as he reflects and has no record of past suspended execution or more.