A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On June 13, 2008, the Defendant was sentenced to a summary order of 2.5 million won for a fine for a violation of the Road Traffic Act in the Gwangju District Court's net support on June 13, 2008, and was sentenced to a summary order of 2 million won for the same crime in the same court on March 17, 201, and was sentenced to a fine of 7 million won for the same crime in the same court on August 16, 2012, and was sentenced to a fine of 7 million won for the same crime in the same court on August 16, 2012. On March 5, 2014, the Defendant was sentenced to a suspended sentence of 8 months

On July 10, 2015, at around 21:48, the Defendant driven a DFstet car under the influence of alcohol concentration of about 0.05% without obtaining a driver’s license in approximately 300 meters from the front line of the 187 YM to the front line of the 64th half-way of the same city.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of driving under the influence of alcohol drivers, and report on the results of regulating drinking;

1. Report on circumstances of driving without a license and the register of driver's licenses;

1. Previous records of judgment: Application of inquiry reports including criminal records, investigation reports (applicable to the same type of crime records, and probation period);

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 each sentence of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant confessions the instant crime, reflects depth, and scraps the instant vehicle.

However, the defendant's crime of this case is under suspension of execution.