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

On August 17, 2011, the Defendant issued a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 2,00,000 as a fine in the same court on January 12, 2015.

The defendant from January 29, 2015 to the same year.

5. 8. Around May 1, 2015, the driving license was suspended until May 1, 2015, but at approximately 5 km from the Dong-dong, Ansan-si to the front day of the same Sindong-dong, Seosan-si, Sinsan-si, the Bren-si was under the influence of alcohol content of at least 0.130% without a vehicle driver’s license.

As a result, the Defendant, while driving a motor vehicle in a state of suspension of the validity of the driver’s license, has violated the provision of the prohibition of driving under the influence of alcohol at least twice, and has driven a motor vehicle under the influence of alcohol in violation

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Notification of the control of drinking driving;

1. A report on the actual status of a host driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

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 reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. is that the Defendant had a record of being punished for drunk driving in 201 and 2015, but has again driven under the influence of alcohol without a license and caused a traffic accident, and that the Defendant committed the instant crime.