A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 7, 2010, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act at the Gwangju District Court on May 7, 201, and a fine of four million won as a crime of violating the Road Traffic Act at the Gwangju District Court on May 23, 2013.

Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking) as above, on January 9, 2015, the Defendant driven B vehicles under the influence of alcohol content of about 0.059% of alcohol concentration in blood without obtaining a driver’s license at the 1km section from the French-gun, Jindo-gun, Jindo-do, South to the king of the same military letter from the French-gun, Jindo-do, Jindo-gun to the king-si's new letter of intent.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving on a vehicle, report on the circumstances of a driver driving on a vehicle, inquiry into the results of crackdown on drinking, and the register of driver's licenses;

1. Records of previous conviction and drinking records: Application of a written reply to inquiries, such as criminal history, and investigation reports (A) (Attachment to a summary order of the same type of case, and closure of the details of detection of suspect drinking, etc.) and statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant committed the instant crime without any particular awareness of the crime despite the record of being punished three times or more due to driving under drinking, while driving under the influence of alcohol.

In addition, the defendant has avoided the trial for a long time.

Considering the above circumstances, even though the defendant should be punished strictly, the suspension of execution shall be imposed only once in consideration of favorable circumstances, such as the fact that the defendant reflects his/her wrong and that there is no record of punishment exceeding the fine.