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 August 8, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the Suwon District Court’s Eunpyeong Site on January 22, 2009, a fine of four million won for the same crime in the same court on January 22, 2009, a fine of five million won for the same crime in the same court on May 24, 2013, and a fine of eight million won for the same crime in the same court on August 24, 2014, respectively.

On August 20, 2015, at around 23:25, the Defendant driven a vehicle B without obtaining a driver’s license in the state of alcohol alcohol concentration of about 0.067% from the 1km-ro in front of the city in Pyeongtaek-si, Pyeongtaek-si to the front of the city in the same line.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Registers of driver's licenses;

1. Records before judgment: Application of inquiries about criminal records, etc. and a copy 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the defendant, for reasons of sentencing under Article 62-2 of the Criminal Act, was punished for driving a motor vehicle of the same kind without a license even though there are five times or more times in total, in light of the fact that the defendant drives the motor vehicle of the same kind without a license in the state of drinking, the crime liability is very unlimited, but the defendant's acknowledgement of the facts charged of this case, reflects his mistake, and does not repeat again, there is no record of punishment exceeding the fine, the drinking amount of this case is not high, and other various circumstances shown in the record, such as the defendant's age, character and behavior, family environment, etc.,