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 July 26, 2010, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act, and a fine of KRW 3 million for a violation of the Road Traffic Act in the same court on October 11, 2010.

On October 5, 2013, at around 20:50, the Defendant driven a Bone Star vehicle while under the influence of alcohol content 0.168% without obtaining a driving license for a section of approximately 0.8 km from the street in front of the Mexico cafeteria to the front of the Central Health Center located in the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: The application of criminal records, inquiry 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 (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 for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished several times due to drinking or unlicensed driving in the past, and that the defendant was engaged in driving under the influence of alcohol without a license; that the defendant was faced with an accident that causes the vehicle parked in the course of driving under the influence of alcohol in the case; that there is a high drinking level of drinking alcohol in the case; and that the purpose of the revision of the Road Traffic Act that strengthened the punishment for drinking driving in the case, it is inevitable to punish the defendant.

However, the fact that the defendant recognized his mistake and reflects his depth, there is a disability to use his satisfaction on the right-hand bridge, and other defendants' age, family relationship, health status, personality and behavior, environment,