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

except that 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 June 29, 2007, the Defendant was sentenced to a fine of one million won for the crime of violation of the Road Traffic Act at the Ulsan District Court on June 29, 2007, and a fine of four million won for the crime of violation of the Road Traffic Act at the Daejeon District Court on December 30, 2008, and the Defendant was sentenced to a fine of five million won for the same kind of power.

On March 13, 2013, at around 22:42, the Defendant, without obtaining a driver’s license in front of the Daejeon Pungdong Toluene, driven Cunst Motor Vehicle while under the influence of alcohol content 0.115%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of criminal records, reply statements, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 and (1) 1 of the Road Traffic Act, 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. It is so decided as per Disposition by the assent of all participating Justices on the following grounds: (a) the Defendant, who has been punished several times due to the reason for sentencing under Article 62(1) of the Criminal Act, was under the influence of alcohol and driving without a license, but is against the law.