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 of the final judgment.

Punishment of the crime

[criminal power] On March 2, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Jeonju District Court on July 17, 2008; a fine of one million won at the same court as the same crime; a fine of three million won at the same court on April 9, 2012 as the same crime; and a fine of six million won at the same court on May 24, 2013 as the same crime.

【Criminal Facts】

On December 19, 2013, the Defendant, without obtaining a driver’s license at around 07:15, the blood alcohol content of which is 0.06%, driven a car with C Costex at the section of about 2 km from the front line of the mutual influence in the vicinity of the Hanyang Steel Steel located in Jeonjin-gu to the roads adjacent to the Hanyang-gu, Hanyang-gu, Seoul to the Hanyang-dong, Kusan-dong, Annsan-dong, to the roads preceding the Hansan-dong, the Defendant was driving.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, etc. 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 (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 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 ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the reason for discretionary mitigation);

1. Although the reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order had the record of punishment four times due to drunk driving and one time due to unlicensed driving, it is deemed that the Defendant again committed the instant crime, the circumstances and nature of the crime are not less than that of the Defendant. However, the Defendant’s confession and seriously reflects the instant crime, and the Defendant did not have any criminal record exceeding fines due to the same kind of crime, and the background of the instant case and the family environment of the Defendant, etc. are shown in the record of the instant case.