A defendant shall be punished by imprisonment for six 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 November 26, 2004, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on July 11, 2008, a fine of 1.5 million won for the same crime from the Pyeongtaek District Court’s Pyeongtaek District Court on July 11, 2008, and a fine of two million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on August 28, 2012.

【Criminal Facts】

On May 2, 2014, at around 22:45, the Defendant driven a B car without a driver’s license in the state of alcohol alcohol concentration of about 0.124% from a section of approximately 2 km to the front route of STS company located in the same Eup/Myeon from the upstream of the Gongdo-Eup in Ansan-si.

Summary of Evidence

1. Defendant's legal statement;

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

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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. In light of the fact that the defendant for sentencing under Article 62-2 of the Criminal Act committed the crime of drinking and driving without a license, even though he had been already punished three times due to drinking driving, the liability for the crime is not weak.

However, punishment shall be determined by taking into account various sentencing factors, such as the defendant's age, occupation, family environment and criminal records, including the fact that the defendant is against the defendant's recognition of the crime and that the defendant has no criminal record exceeding the fine, etc., and a suspended sentence shall be imposed on the condition that