A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

[criminal power] On October 1, 2008, the Defendant received a fine of one million won for a violation of the Road Traffic Act (driving) at the Jeonju District Court on January 29, 2009, a fine of five million won for a violation of the Road Traffic Act (driving) at the Jeonju District Court on January 29, 2009, and a summary order of five million won for a violation of the Road Traffic Act (driving) at the Jeonju District Court on June 27, 2013, respectively.

【Criminal Facts】

피고인은 2014. 5. 25. 01:20경 전주시 완산구 평화동에 있는 대한장례식장 앞 도로에서부터 전주시 완산구 맏내3길 31에 있는 세영실업 앞 도로에 이르기까지 약 1km 구간에서 자동차운전면허 없이 혈중알콜농도 0.078%의 술에 취한 상태로 C 옵티마 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Records before judgment: Application of inquiry reports and investigation reports, including 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 (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal reference in favor of the accused among the reasons for sentencing below);

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. Although the reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant had been already punished three times due to drinking driving, the circumstances and the nature of the crime of this case are not less weak, but the defendant's confession and seriously reflects the crime of this case, there is no criminal record exceeding the fine due to the same kind of crime, and the execution of imprisonment is suspended and community service and the defendant's family environment are considered.