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 October 23, 2009, the defendant has a record of being sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on October 23, 2009 and a summary order of 3 million won for the same crime at the same court on November 19, 2010.

【Criminal Facts】

On September 21, 2014, at around 21:50, the Defendant driven a B-type cargo vehicle without a driver’s license, while under the influence of alcohol concentration of about 0.146% from the 1 kilometer to the 1 kilometer of the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of his/her driving;

1. A driver's license inquiry;

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

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (i.e., that there is no record of punishment exceeding a fine after being sentenced to imprisonment for a violation of the Road Traffic Act on September 199, and after being sentenced to the punishment for a violation of the Road Traffic Act on or after eight months);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. The main sentence of Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;