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 March 18, 2009, the defendant was issued a summary order of 2.5 million won by the Ulsan District Court for the violation of the Road Traffic Act and the violation of the Road Traffic Act (non-licensed driving). On February 15, 2012, the defendant was sentenced to the imprisonment of 2 years for the violation of the Road Traffic Act and the violation of the Road Traffic Act (non-licensed driving) in the Daegu District Court racing support and the imprisonment of 5 years for the same criminal records.

【Criminal Facts】

On May 8, 2014, the Defendant, without obtaining a driver’s license at around 21:40 on May 21, 2014, driven a approximately 3 km distance from the front of the hospital in the 21st century to the front of the beginning of the city in the same Gu, where he was under the influence of alcohol content of approximately 0.196%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Registers of driver's licenses, and car4;

1. Previous convictions: Criminal records, lists of related cases, court rulings, and application of Acts and subordinate statutes of each summary order;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same 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. Probation and community service order Article 62-2 of the Criminal Act repeats the driver's license without drinking alcohol again even after having been punished several times due to the reason of sentencing, and taking account of the fact that drinking alcohol is considerably high, it is necessary to strictly punish the defendant, such as being detained for a certain period of time. However, the execution of imprisonment shall be suspended by taking into account erroneously against the defendant, and the family members who will support their livelihood, and the community service work shall be imposed for a considerable period of time taking into account the risk of recidivism.