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 April 24, 2013, the Defendant issued a summary order of KRW 4 million at the Ulsan District Court for a violation of the Road Traffic Act (driving). On May 9, 2014, the Defendant issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Non-licensed Driving) at the Daegu District Court and the Daegu District Court and the Defendant issued three times the previous order.

【Criminal Facts】

On April 12, 2014, the Defendant, without obtaining a driver’s license at around 22:00, driven a vehicle with B low alcohol content of about 0.115%, and driven a distance of about 300 meters from the front of a shot tree restaurant located in the Yansan-gu Incheon Metropolitan City, Ulsan-do to the front road of the Yansan-gu, Ulsan-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Details of driver's license inquiry, tea inquiry, and revocation of driver's license;

1. Previous convictions: Application of criminal records and summary order Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same 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. Probation and community service order Article 62-2 of the Criminal Act requires strict punishment, such as confinement of the accused for a certain period of time, considering that the accused has been subject to punishment several times due to driving without a license for drinking alcohol for the reason of sentencing, and repeated driving without a license for drinking alcohol. However, the execution of imprisonment shall be suspended in consideration of erroneous and miscompetences, and the risk of recidivism shall be imposed with community service for a considerable period of time, taking into account the risk of recidivism, and the sentence shall be