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.

Criminal facts

On May 19, 2008, the Defendant was sentenced to a fine of 700,000 won for a violation of the Road Traffic Act (driving) in the Goyang Branch of the District Court of the Republic of Korea on May 19, 2008, and was sentenced to a fine of 5 million won by the same court on July 12, 2013.

As such, the defendant has been punished for the violation of the Road Traffic Act at least twice.

The Defendant, without a driver’s license, driven B-car on May 3, 2014, while under the influence of alcohol content of 0.108%, and on May 3, 2014, at the front of the sunlight Village 24 complex in Goyang-gu, Goyang-gu.

Summary of Evidence

1. Statement by the defendant in court;

2. Inquiry into driver's license and the results of the control of drinking driving;

3. Previous records of judgment: Application of criminal records, references to criminal records, amounts of dispositions, results of confirmation, and Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime, and subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the Road Traffic

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of imprisonment with prison labor chosen;

4. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

6. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the instant crime even though he/she had a record of being punished for drinking and unlicensed driving in the past, and in particular, if a risk of causing serious harm to human and material injury exists, it is an element for sentencing disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized all the facts charged in this case and reflected in it is an element of sentencing favorable to the defendant.

Furthermore, the sentencing data, such as the age, character and behavior, and environment of the defendant, were considered equally.