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 August 12, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for the crime of violation of the Road Traffic Act in the Eunpyeong site of the Suwon District Court on August 12, 2008, a fine of KRW 3 million for the crime of violation of the Road Traffic Act in the Pyeongtaek site of the Suwon District Court on August 12, 201, and a fine of KRW 7 million for the violation of the Road Traffic Act in the Suwon District Court on January 9, 2015, respectively.

On September 8, 2015, at around 01:30, the Defendant driven B vehicles under the influence of alcohol content of 0.066% without obtaining a driving license in the section of about 3 km from the Dolle of Pyeongtaek-si to the front of the Dolle-si in Pyeongtaek-si.

As a result, the defendant, who has driven a motor vehicle twice or more, once again, drives a motor vehicle while under the influence of alcohol, without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: The application of criminal records and investigation reports (former and current statutes);

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

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Determination on the application of sentencing guidelines under Article 62-2 of the Criminal Act to probation and community service order: Not subject to application;