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 of the final judgment.

Punishment of the crime

【Criminal Power】 On April 5, 2007, the Defendant had a blood alcohol concentration of 0.179% at the time of committing a violation of the Road Traffic Act (driving) in the application of the Gwangju District Court for a wood application.

by reason of a fine not exceeding 3 million won,

8. 23. The blood alcohol concentration at the time of the same crime in the same court was 0.060%.

As a fine, 1.5 million won, and the blood alcohol concentration at the same court on November 8, 201 was 0.108% at the time of the same crime.

a person who has violated Article 44 (1) of the Road Traffic Act not less than twice, such as receiving a fine of two million won.

【Criminal Facts of Crimes】 On January 6, 2014, at around 21:05, the Defendant driven a B EX car under the under the influence of alcohol content of about 0.234% without a driver’s license from the 7m section from the front day of the boo-gun, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do to the ocean-going fishery front side of the same Ri without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of state of drivers, and the register of driver's licenses;

1. Previous convictions indicated in 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment with prison labor ( Consideration, such as the fact that the person is the fourth drinking driver, the fact that the blood alcohol concentration is high and the occurrence of traffic accidents);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da1548, Apr. 1, 2009);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;