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 of the final judgment.

Punishment of the crime

【Criminal Power】 On September 28, 2010, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of a fine of two million won for a crime of violating the Road Traffic Act from the Gwangju District Court’s application on September 28, 2010, and a summary order of a fine of two million won or more for the same crime in the same court on July 31, 2012, respectively.

【Criminal Facts” around 21:50 on February 12, 2013, the Defendant driven B K5 cars while under the influence of alcohol content of 0.090% without obtaining a driver’s license from a 500-meter section 500-meter radius to the front road of the Port Office located in the same city-style city.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of the operation of a motor vehicle;

1. The user ledger of the measuring instruments for drinking;

1. Registers of driver's licenses;

1. Previous convictions indicated in the judgment: Application of inquiries about criminal records, etc. and copies of the summary order (A)-related Acts 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a sentence of imprisonment with prison labor as a matter of choice (it shall be considered that each of the crimes of this case was committed on the five months in the last five months in which punishment was imposed despite the history of being sentenced three times to a fine due to a crime related to driving);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( Taking into account the reflective points, the health status of the accused, family relationship, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. The order of community service shall not be added, considering the fact that the defendant ordered to attend lectures has a disability of class V in the course of delay;

Article 62-2 of the Criminal Act