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 became final and conclusive.

Punishment of the crime

[criminal power] On April 30, 2004, the defendant was punished by a fine of 1.5 million won for a violation of the Road Traffic Act at the Ulsan District Court on August 18, 2004; a fine of 3 million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on September 5, 2008; a fine of 2 million won for a violation of the Road Traffic Act (driving without a license) at the Daejeon District Court on September 5, 2008; a fine of 1.5 million won for a violation of the Road Traffic Act (driving without a license) at the same court on December 9, 2008; a fine of 1.5 million won for a violation of the Road Traffic Act (driving without a license) at the Ulsan District Court on January 26, 2010.

【Criminal Facts】

피고인은 2013. 7. 28. 01:00경 세종특별자치시 조치원읍 침산리에 있는 약산쌈밥식당앞 주차장에서부터 같은 읍 서창리에 있는 고려대학교 앞 1번 국도에 이르기까지 약 300m 구간에서 자동차운전면허를 받지 아니하고 혈중알콜농도 0.155%의 술에 취한 상태로 B 뉴 아반떼 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. A driver's license inquiry;

1. Previous for judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (a copy, etc. of a summary order of the same type of power);

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. Mitigation of discretionary work and consideration given to the circumstances under Articles 53 and 55 (1) 3 of the Criminal Act (such as the fact that the distance from driving is not long and the fact that the driving is reflectd);

1. It is so decided as per Disposition on the grounds of not less than Article 62 (1) of the Criminal Act (resumed in the preceding sentence);