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 19, 2012, the Defendant was issued a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act, and a summary order of 2 million won by the same court on July 15, 2013.

On May 27, 2015, the Defendant driven a rash car with approximately 300 meters of alcohol level 0.145% of alcohol level, without obtaining a driver’s license from the front day of the king-si 174 (Sangdong-dong and Magtoto Building) to the front road of Singu-ro 374-ro Do-ro 377 (Silung-ro 4 Complex).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of the driver;

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

1. Statement of the status of the driver;

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

1. An investigation report (a report on confirmation of a suspect's non-license for motor vehicle business);

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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., even though the Defendant was punished for drunk driving in 2012 and 2013, the Defendant again driven under the influence of alcohol in a state without a license. In light of the fact that the blood alcohol concentration at the time of drunk driving was relatively high, and the risk of drunk driving, etc., the Defendant requires a heavy punishment corresponding thereto.

However, the defendant reflects his mistake in depth and repents, and the defendant committed the crime of this case after the crime of this case.