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

[criminal power] The Defendant issued a summary order of KRW 3.5 million for a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on August 29, 2012; and on January 22, 2015, the same court issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving) at least twice. The Defendant violated Article 44(1) of the Road Traffic Act.

【Criminal Facts】

On February 12, 2015, at around 03:15, the Defendant, without a driver’s license, driven a B Poter-II truck from the 1km section to the 647 front road in front of the lutosaw convenience store in light of the lutotop in light of the 0.10% alcohol level without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the results of crackdown on drinking driving;

1. The ledger of driver's licenses of motor vehicles;

1. Previous convictions in judgment: A reply to inquiries, such as criminal records, investigation reports (Attachment to a summary order of the same kind of power of a suspect), reporting on the undispositions and results of confirmation, and application of each summary order 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 imprisonment with prison labor chosen;

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

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures has already been punished twice within the last three years due to drunk driving or unlicensed driving, and in particular, the crime of this case has not been committed more than two months since it was controlled by the second driver without a drinking license. Thus, the crime of this case is not good and the risk of recidivism is high.

The defendant shall be selected and punished by imprisonment, but one of the records of punishment for drinking driving shall be punished.