A defendant shall be punished by imprisonment for not less than eight months.

Provided, That 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 July 16, 2010, the Defendant received a summary order of one million won for a crime of violating the Road Traffic Act from the Gwangju District Court, and on July 3, 2013, the Defendant received a summary order of five million won for a crime of violating the Road Traffic Act from the Gwangju District Court.

【Criminal Facts】

On March 19, 2014, at around 14:45, the Defendant, without a driver’s license, driven a vehicle of approximately 2 kilometers B B B in the direction of the road in front of the Cheongdong-dong, Cheongdong-dong, Cheongdong-dong, Cheongdong-si, Jeonnam-si, with a blood alcohol content of at least 0.10%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and record on the measurement of alcohol;

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, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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. The reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order are as follows: (a) considering the fact that the defendant had been punished for drunk driving for the last five years without being aware of the past two times, and at the same time, he/she committed the crime of drinking alcohol driving in this case, it is inevitable to punish the defendant accordingly; (b) however, the defendant appears to have been in the time of committing the crime of this case and in depth against his/her will; (c) the defendant has no record of exceeding the fine; and (d) the defendant's age, character, conduct and family relationship are comprehensively taken into account, and the sentence is determined