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 May 9, 2008, the Defendant was sentenced to a fine of 3.5 million won due to a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon Branch of the Daegu District Court on May 9, 2008, and the same court on June 1, 2012, sentenced to a suspended sentence of 2 years for eight months as a crime of violation of the Road Traffic Act (driving).

On March 18, 2014, at around 23:30, the Defendant driven a Crens car under the influence of alcohol with approximately 500 meters alcohol concentration 0.224% without obtaining a driver’s license from the front of the highest house restaurant located in the Don-dong in the Gunsi-si in the same city to the front of the Donpo-dong in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Registers of driver's licenses and details of cancellation thereof;

1. Report on the results of the control of drinking driving, the report on the situation of drinking driving, and the report on the status of drinking drivers;

1. Previous records of judgment: Application of the Act and subordinate statutes, such as criminal records, inquiry reports and investigation reports (a copy of judgment, etc.);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. On June 1, 2012, the defendant had been sentenced to a fine due to drinking driving multiple times, and on June 1, 2012, in the Daegu District Court Kimcheon Branch of the Daegu District Court sentenced a two-year suspended sentence of imprisonment for a violation of the Road Traffic Act in the period of the suspended sentence of eight months, resulting in the instant crime during the suspended sentence, the degree of drinking, the degree of drinking behavior is 0.24%, and the risk of drinking driving is considered.