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 November 5, 2012, the Defendant received a summary order of KRW 2 million from the Suwon District Court’s House to a fine of KRW 5 million for a violation of the Road Traffic Act (driving). On March 5, 2013, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Chungcheong District Court’s Chungcheong Branch.

【Criminal Facts】

On May 30, 2014, at around 19:20, the Defendant driven a 1 ton class vehicle owned by the Defendant under the influence of alcohol 0.070% of the blood alcohol concentration without obtaining a driver’s license from around 4km section of approximately 5818 in front of the mutually influence-dong in the Gyeonggi-si, Gyeonggi-do to the same west-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the status of driving under drinking, and report on the status of driving under driving under drinking;

1. The application of Acts and subordinate statutes to the standing report on driving without a license, and driver's license inquiry;

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 crime of this case on the ground of sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is a case where a defendant drives a motor vehicle without a driver's license, and the defendant again commits the crime despite the fact that the defendant had been able to have been punished due to drinking driving, etc., and the risk of repeating a crime seems to be high since he/she owns the motor vehicle as it is, there

However, considering the fact that the defendant is recognized to commit a crime and is against the defendant, there is no criminal record exceeding the fine, and the amount of drinking alcohol is relatively high.