A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

[criminal power] On June 21, 2012, the defendant was issued a summary order of KRW 1.5 million by the Jung-gu District Court Goyang Branch on March 21, 2012, which was sentenced to a fine of KRW 1.5 million by the same court on April 26, 2013, which was sentenced to a fine of KRW 1 million by the violation of the Road Traffic Act (free license). The same court on June 5, 2014, which was sentenced to a fine of KRW 2.5 million by the same court on June 5, 2014, and the violation of the Road Traffic Act (free license).

【Criminal Facts】

On March 5, 2015, the Defendant driven a C-learning car with the blood alcohol concentration of 0.153% without obtaining a driver’s license from the gold village in the Geumju-si to the 19th road in the same peace.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. A report on the detection of a driver of the alcoholic beverage (electronicized document);

1. Written consent to the collection of blood, written notification for the request for appraisal, and written appraisal for blood alcohol;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal records, investigation reports, and Acts and subordinate statutes governing the same type of crime;

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. 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 reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures has already been punished three times due to drunk driving or unlicensed driving, and the defendant committed the crime of this case at the same time. The nature of the crime is good, and the risk of recidivism is high, and the degree of blood alcohol level cannot be seen as low, so it is necessary to select imprisonment and punish the defendant at this time.

However, it is divided into and reflects his mistake, and driving under the influence of alcohol.