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

[criminal power] On November 6, 2007, the Defendant was sentenced to a fine of KRW 1,500,000 for a violation of the Road Traffic Act (non-licenseless Driving), and a fine of KRW 1,500,000 for the same crime in the above court on October 9, 2008, and a fine of KRW 3,500,000 for the above court on May 4, 2009 for a violation of the Road Traffic Act (driving). On September 26, 2012, the above court was sentenced to a summary order of KRW 3,50,000 for a violation of the Road Traffic Act. The Defendant was sentenced to a suspended sentence for 6 months in the above court on September 26, 2012.

【Criminal Facts】

On June 4, 2015, at around 04:20, the Defendant driven BK 3 cars from the 38km section of Songpa-gu, Songpa-gu, Seoul to the road 22-ro, 19 (Thodong), from the 91-13 (Phodong), under the influence of alcohol concentration of 0.152% without a driver's license, while under the influence of alcohol, the Defendant driven BK 3 cars at the 38km section of 38km.

Accordingly, the defendant was punished by drinking driving more than twice, and driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of inquiry reports and investigation reports (report on summary order and attachment of certified copy of judgment) including criminal records, etc.;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting a crime;

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. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;