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 January 29, 2007, the Defendant issued a summary order of KRW 700,000,000 to a fine for a violation of the Road Traffic Act at the Suwon District Court’s House as a matter of violation of the Road Traffic Act, and on May 10, 2013, the Defendant was issued a summary order of KRW 3 million by the same court as the same crime.

【Criminal Facts】

On November 28, 2013, at around 20:43, the Defendant driven a B-learning car under the influence of alcohol with approximately 2 km alcohol concentration of 0.102%, without a vehicle driver's license, from the front of the SOSASISAF to the third distance located in the same time, the same time from the roads of the SOSISISAFF to the third time.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol and notification of the control of drinking driving;

1. A driver's license inquiry;

1. Previous records before ruling: Application of criminal records, investigation reports (former records and summary orders) 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. 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 crime of this case on the grounds of probation and community service order Article 62-2 of the Criminal Act is a case where a defendant drives a motor vehicle without a driver’s license, and in light of the fact that the defendant committed the above crime again even though he had the record of punishment two times due to drunk driving, it is inevitable to punish him/her accordingly.

However, the punishment shall be determined in consideration of various sentencing factors, such as the defendant's age, occupation and family relation, including the fact that the defendant is against the recognition of the crime and has no criminal record exceeding the fine, and the probation shall be sentenced on the condition of probation and community service order.