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 May 1, 2007, the Defendant was sentenced to a summary order of a fine of two million won for a violation of the Road Traffic Act in the Changwon District Court's smuggling support on May 1, 2007, and on November 14, 2012, the Defendant was sentenced to imprisonment for one year and two years of suspension of execution for a violation of the Road Traffic Act.

On September 3, 2014, at around 01:40, the Defendant driven F Poter Cargo Vehicles while under the influence of alcohol 0.206% of alcohol concentration without obtaining a driver’s license in approximately 3km section from the front side of the lower side of the river of the Defendant’s Mayang-si, Mayang-si, to the front side of the road.

As a result, the defendant violated the prohibition of driving under the driving under the influence of alcohol more than twice, and once again drives a motor vehicle without obtaining a driver's license in violation of the prohibition of driving under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a actual investigation report on a traffic accident;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. On-site photographs;

1. Previous records of judgment: Application of inquiries, such as criminal records, and criminal records, and 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. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;