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 8, 2013, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Daegu District Court on the same day, and on January 13, 2014, the Defendant was issued a summary order of four million won for a crime of violating the Road Traffic Act at least two times.

피고인은 2015. 1. 5. 09:30경 대구 달서구 용산동에 있는 뽈살식당 앞 도로로부터 같은 구 월성동 남대구톨게이트 앞 도로에 이르기까지 약 3km 구간에서 자동차운전면허 없이 혈중알콜농도 0.112%의 술에 취한 상태로 B 무쏘 화물차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on proper launch of drivers, and the register of driver's licenses;

1. Previous for judgment: Criminal history records, inquiry report, investigation report (report attached to the previous and summary order) - Application of Acts and subordinate statutes of each summary order;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( considered that the defendant reflects in depth);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the same attached power is only a fine and it shall be considered to reflect it);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;