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

[criminal power] On July 24, 2008, the Defendant received a summary order of KRW 700,000 from the Daegu District Court to a fine for a violation of the Road Traffic Act, and on November 13, 2014 to a summary order of KRW 4 million for the same crime.

【Criminal Facts】

Although the Defendant was punished twice or more due to drunk driving, on March 10, 2015, the Defendant: (a) without obtaining a driver’s license on March 10, 2015; and (b) while under the influence of alcohol 0.151% of alcohol level, the Defendant moved to drive a car at approximately two km from the front of the main road located in the south-gu Cheongdo-dong-gu Cheongdo-dong-gu Cheongdo-dong-dong-si to the front of the residents’ center in the North-gu Cheongdo-gu Cheongdo-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a statement in the circumstances of the host driver;

1. Registers of driver's licenses;

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report accompanied by a summary order of the same kind of force);

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 ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that probation, community service order, and lecture attendance order have the record of being punished twice due to drinking driving, and there are other records of punishment for other crimes including probation and probation, the fact that drinking water is high, the circumstances favorable to causing traffic accidents are committed by other types of crimes before about 35 years prior to the probation, and there is no record of being punished exceeding the fine, and traffic accidents are committed.