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 September 22, 2011, the Defendant received a summary order of KRW 5 million from the Jung-gu District Court to a fine of KRW 1,00,000 due to a violation of the Road Traffic Act, and a summary order of KRW 4 million from a fine of KRW 1,00 to a violation of the Road Traffic Act at the Jung-gu District Court on December 12, 201.

On March 27, 2016, at around 14:36, the Defendant driven a motor vehicle with D's lurbine without obtaining a driver's license in the state of alcohol alcohol concentration of approximately 0.054% from the 1.5 kilometer to the front road in the lurg-dong located in Yangju-si, Yangju-si.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of investigation report (the previous and confirmation);

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Automobiles are convenient means of transport, but since they are dangerous goods that can be prone with lethal weapons, a person operating a motor vehicle is obliged to obtain a license and operate a motor vehicle with due care in normal conditions;

In particular, drinking driving may lead to a large accident, and in light of the risk, there is a great need for strict punishment.

The defendant made a mistake.