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 October 12, 2006, the Defendant issued a summary order of KRW 4 million in Seoul Eastern District Court on August 5, 201, which was sentenced to a fine of KRW 5 million as a crime of violation of the Road Traffic Act (driving) at the Chuncheon District Court on October 12, 2006.

On March 28, 2016, at around 21:35, the Defendant driven a Clater’s vehicle under the influence of alcohol with approximately 2 km alcohol concentration of about 0.216% from the section of approximately 2 km from the road where it is impossible to know whether it is flick-gu, Jyang-si, Jyang-si, Jyang-si, Seoul to the road in front of 998.

around 20:15 on August 3, 2016, the Defendant driven D 2 truck without obtaining a driver’s license in the section of about 5km-ro 281-No. 16, 2016, from the agricultural road near the Hayang-gu, Namyang-si, Yangyang-si to the 16th road in the same city.

Summary of Evidence

[2016 Highest 2466]

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records: Criminal records and other inquiries, and investigation reports (Attachment to data of the same kind of suspect's power);

1. Defendant's legal statement;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of without a license) and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The majority of the records of punishment for drinking or driving without a license are relatively high, the blood alcohol concentration of the instant case is relatively high, and the Defendant committed again without being aware of the fact that he/she was prosecuted due to drinking and driving without a license even though he/she was under trial: the Defendant.