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

The Defendant was sentenced to a two-year suspended sentence of imprisonment for August 25, 2012 with labor for violation of the Road Traffic Act in the Gwangju District Court’s net support, and a two-year suspended sentence of imprisonment with labor for the same crime in the same court on January 4, 2008, respectively.

On April 10, 2016, at around 20:40, the Defendant driven B Poter under the influence of alcohol with a blood alcohol concentration of 0.096%, without obtaining a driver’s license, from around about 300 meters in front of the ambal village located in the 90-ro of the Socuk-dong, Seocheon-si, Seocheon-si.

As a result, the defendant has been punished more than twice due to drinking driving, but again, driving a motor vehicle without obtaining a driver's license in the state of drunk.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry the results of the drinking driving control;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, investigation reports (verification of the records of the same kind of crime), and application of statutes governing judgment;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic 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. The criminal records of the defendant for the reason of sentencing in Article 62-2 of the Criminal Act are disadvantageous to the defendant.

However, in consideration of the health status, environment, etc. of the accused, a punishment shall be determined to prevent recidivism.