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 29, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court, and KRW 4.5 million for the same crime in the Jung-gu District Court Goyang Branch on July 23, 2015.

On May 25, 2016, the Defendant driven B K5 car in the state of alcohol alcohol concentration of approximately 0.178% from the 3km section of approximately 3km to the front road of the end ecosystem of the ancient city located in the same Gu on the same day from the front day of the hoyang-gu in which it is impossible to find out the trade name in the parallel of the Goyang-gu, Goyang-si without obtaining a driver's license, at around 22:50 on May 25, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of alcohol, reporting on the situation of driving of alcohol, reporting on the situation of driving without a license, and the register of driver's licenses;

1. Application of an inquiry letter, such as criminal history, and an inquiry report (related previous conviction and confirmation) statute;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of all the factors such as the defendant's confession and reflectivity, the degree of alcohol content, the records of punishment for the same crime (not less than three times of drinking driving, and not more than three times of license driving), the time gap between each punishment force, and the fact that there is no history of punishment exceeding the fine, the defendant's age, sex behavior, environment, occupation and career, family relationship, details of the crime, circumstances after the crime, etc., the punishment is determined as ordered.