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

[criminal power] On September 16, 201, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 4 million from the Suwon District Court on September 16, 201 to a fine of KRW 2.5 million on February 24, 2012, by committing a violation of the Road Traffic Act (driving) at the same court on February 24, 201, to a fine of KRW 2.5 million on March 9, 201, and to a fine of KRW 7 million at the same court on March 9, 2012.

【Criminal Facts】

On December 25, 2013, the Defendant, without obtaining a driver's license on December 25, 2013, driven BM5 vehicle from the 19km section to the Hansung apartment road located in Pyeongtaek-si's Seo-dong, in the state of drunk alcohol concentration of 0.193%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and notice of the result of the crackdown on drinking;

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act for probation and community service order is a case where a defendant is driving without a driver's license, and the defendant has already been punished for the same kind of crime, such as drunk driving, etc., and in particular, the above crime was committed three times after 201, and the blood alcohol concentration is0.