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 this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On November 12, 2012, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) in the Daejeon District Court’s Support for Incheon District Court on November 12, 2012, and a summary order of KRW 3 million with the same offense in the same court on February 10, 2014, respectively.

【Criminal Facts】

Although the Defendant had been punished twice or more due to drinking driving, the Defendant again driven B rocketing car in the state of alcohol alcohol concentration of approximately 0.128% without a car driver’s license, from March 4, 2015 to the front road of the mutual fluoral mar in the Yong-gu, Yannam-gu, Yannam-gu to the front road of the same natural childcare center.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of the driving of a motor vehicle, inquiry into the results of the crackdown on the driving of a motor vehicle, and entry into the driver’s license inquiry report;

1. Records before judgment: Application of criminal records, repeated statements, and copies of each summary order;

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 for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Considering the fact that the sentencing of Article 62-2 of the Criminal Act is the same as the defendant, it is necessary to sentence a severe punishment to the defendant.

However, in consideration of the fact that the defendant shows an attitude that the defendant commits a mistake, and that there is no crime only before and after a fine, the punishment shall be determined within the scope of one-time mitigation, and the execution thereof shall be suspended, but an order to attend a course to prevent recidivism shall be imposed