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 September 3, 2013, the Defendant issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act at the Cheongju District Court on September 3, 2013. On July 30, 2013, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Daejeon District Court Seosan Branch of Daejeon District Court on July 30, 2013. On July 1, 2010, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Cheongju District Court on July 1, 2010.

On April 8, 2015, at around 20:05, the Defendant driven B rocketing car under the influence of alcohol content of about 0.067% without obtaining a driver’s license in a section of about 300 meters from the front of the restaurant where it is impossible to identify the trade name in the Donsan-gun, Donsan-gun, Donsan-gun to the station in front of the Donsan-ro 23m of the Donsan-gun, Donsan-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal history records, probationary records, amounts of dispositions, reporting on results of confirmation, and application of Acts and subordinate statutes to investigation reports (Attachment to the previous records and related summary orders);

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

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. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;

1. The Defendant is driving repeatedly a drunkly.

The term of punishment is determined by discretionary mitigation after choosing imprisonment in consideration of various sentencing conditions, such as the distance of the vehicle, the amount of alcohol, the amount of blood alcohol concentration, the driver's license of the defendant was revoked in 2013, the character and conduct of the defendant, the environment of the defendant, and the circumstances after the crime, and the probation is additionally ordered to attend the community service and the compliance driving lecture.