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

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Punishment of the crime

The defendant was sentenced to a suspended sentence of ten months by imprisonment with prison labor for a violation of the Road Traffic Act at the District Court on June 9, 2010, and two years by a suspended sentence for the same year.

9. A person who received a summary order of a fine of KRW 3.5 million in the same court due to a violation of the Road Traffic Act (driving). Around 23:00 on May 29, 2013, a person who operated a Cschton car in the state of alcohol under the influence of alcohol 0.160%, without obtaining a driver's license for a vehicle driving license for approximately 50 meters from a fluorless map located in the fluoral city at the fluoral city at the Government-si, Cheong-si to the fluoral underground map in approximately 442-12 of the same Act.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under driving under the influence of alcohol, inquiry into the results of the control of driving under the influence of alcohol, details of disposition for cancellation of driver's license,

1. Previous records of judgment: Criminal records, inquiry reports (A), investigation reports (former records and report on results of confirmation), and application of Acts and subordinate statutes of four copies of judgment;

1. Article applicable to criminal facts;

(a) point of drinking: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Subparagraph 1 of Article 152 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. 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 extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. is that the Defendant had a total of four times punishment due to drinking or unlicensed driving. In particular, even though the Defendant was punished for a concurrent crime between drinking driving and escapeing vehicle, and was sentenced to punishment for ten months of imprisonment and two years of suspended execution and was sentenced to a fine by this court during the suspended execution period, the Defendant was sentenced to a fine again during the suspended execution period, and the period of the suspended execution is too much long.