1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On September 15, 2005, the Defendant has a criminal record of being notified by the Cheongju District Court of the summary order of a fine of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) at the site site of Suwon District Court on November 25, 2005, a fine of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) at the same court on February 3, 2012, a fine of KRW 5 million as a crime of violation of the Road Traffic Act (driving) at the same court on August 16, 2013, and a fine of KRW 5 million as the same court on August 16, 2013.

【Criminal Facts】

On September 19, 2014, the Defendant, without obtaining a driver’s license on September 19, 2014, driven a Cgppp vehicle from around 200 meters to the front road of Pyeongtaek-si’s trade name unknown at around 0.074% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and a driver's license inquiry;

1. Previouss before ruling: Criminal records, inquiry reports, and application of each summary order-related Act 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. Article 40 and Article 50 of the Criminal Act, the choice of punishment, and the choice of imprisonment;

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 lecture attendance order Article 62-2 of the Criminal Act continuously repeats the same crime in the short period of punishment and thus, it is inevitable to prevent further crimes in the future. However, confession of the crime is inevitable, considering the fact that there exists only the previous conviction of the fine, the punishment as the order shall be imposed once considering the defendant's age, character and conduct, circumstances after the crime, etc.