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

On February 6, 2009, the Defendant issued a summary order of 1.5 million won for a crime of violation of the Road Traffic Act at the Suwon District Court, and on October 21, 2013, the Defendant had the record of violating Article 44(1) of the Road Traffic Act by receiving a summary order of 4 million won for the same crime from the above court.

On January 12, 2015, the Defendant, without obtaining a driver’s license at around 00:02, driven a Bone Star vehicle at approximately 1km section from the front of the Osan Central Market located in the Osan City, Osan City to the front road located in the same City, Cheongsiro 290, in the condition of alcohol concentration of 0.081%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the control results of drinking driving, and the register of driver's licenses;

1. Previouss before judgment: Application of criminal records, replys to criminal records, and investigation report 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 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 of the Criminal Act for discretionary mitigation;

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

1. The execution of imprisonment after discretionary mitigation is suspended in consideration of the fact that the defendant reflects the reasons for sentencing under Article 62-2 of the Criminal Act, the fact that there is no record of punishment exceeding the fine, the fact that blood alcohol content is not significantly high, the physical condition, etc., but the execution of imprisonment after discretionary mitigation is suspended after discretionary mitigation, but the period of imprisonment, probation and order to attend lectures shall be determined as the same as the order, considering the fact that the same criminal record