A defendant shall be punished by imprisonment for not more than ten 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 September 8, 2006, the Defendant was sentenced to a fine of 4 million won due to a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch, etc. on January 31, 2008, to a suspended sentence of 8 months due to a violation of the Road Traffic Act (driving) at the Daegu District Court on January 31, 2008, and a suspended sentence of 2 years due to a violation of the Road Traffic Act (driving) at the Daegu District Court on October 5, 2010, 2 years of suspended sentence of 6 months and 7 million won due to a violation of the Road Traffic Act (driving) at the Daegu District Court on September 12, 2013 at the Daegu District Court on September 12, 2013.

On October 15, 2013, at around 20:50, the Defendant driven a B EF rocketing car under the influence of alcohol concentration of 0.148% without obtaining a driver’s license for a section of approximately 800 meters in front of the Cheongdo Senior Citizens Center located in the Cheongdo-Eup, Cheongdo-Eup, Cheongyang-do-gun, Cheongyang-do-si, Cheongyang-do-do-ro, Cheongyang-do-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of inquiry reports, such as criminal records, investigation reports (Attachment to previous records and copies of written judgments);

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. Probation and community service order and the order to attend a compliance driving lecture Article 62-2 of the Criminal Act, despite the fact that the defendant had been punished several times due to drinking or unlicensed driving, the drinking or unlicensed driving of the instant case should be punished strictly because the defendant's blood alcohol concentration at the time is considerably high. However, the defendant's mistake is against the defendant's age, character and behavior, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime, etc.