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 December 21, 2007, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Daejeon District Court’s Branch on September 23, 2013, a summary order of KRW 4 million as a fine for the same crime from the Pyeongtaek District Court’s House on September 23, 2013, and on March 14, 2014, the above court received a summary order of KRW 7 million as a fine for the same crime, etc.

Although the Defendant had had had a alcohol driving twice or more as above, on March 29, 2015, the Defendant driven B Potering vehicle with a blood alcohol level of 0.176% under the influence of alcohol level of 0.176% without obtaining a motor vehicle driver’s license from the front Do in Pyeongtaek-dong, Pyeongtaek-dong, from around 21:10, to the front Do in front of the modern apartment in the same Dong from around 400 meters.

Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle without obtaining a driver’s license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Records before judgment: Application of inquiries about criminal records, etc. and a copy of each summary order;

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. Even though the period of sentencing under Article 62-2 of the Criminal Act has 4 times the criminal defendant with the same kind of alcohol or without a license, the criminal liability is very high in light of the fact that the defendant drives a motor vehicle without a license in a considerable drinking situation, but the defendant's acknowledgement of the facts charged in this case, reflects his mistake, and does not repeat again.