A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 23, 2009, the Defendant issued, at the Changwon District Court, a summary order of KRW 2,50,000,000 as a fine for a crime of violating the Road Traffic Act, at the same court on May 4, 2009, a summary order of KRW 2,00,000 as a fine for the same crime, and on March 9, 2015, a summary order of KRW 7,00,000 as a fine for the same crime was issued by the same court.

On May 29, 2016, the Defendant driven a Bsp motor vehicle without obtaining a driver’s license from the Gusan Elementary School located in Kimhae-si on May 29, 2016 to the 100-meter section of approximately 0.066% alcohol concentration in blood from the Gusan Elementary School located in the same Dong-si to the tent in the same Dong.

As a result, the Defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle while under the influence of alcohol in violation of the above provision, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (a).

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The Defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act, committed the instant crime under the same type of without a license even though he/she had been sentenced to a fine three times due to a violation of road traffic law, as stated in the facts constituting the crime in the judgment, and the Defendant driving the instant drinking.