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 March 7, 2008, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) from the Suwon District Court on the land site, etc. on November 11, 2009; the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the same court on November 11, 2009; and on March 29, 2013, the Defendant received a summary order of KRW 6 million for the same crime at the same court.

【Criminal Facts】

On August 29, 2014, the Defendant, who was punished twice or more due to a violation of the Road Traffic Act, was driving a B New-burged car with approximately 1km from the front of the Contrap Authority located in Pyeongtaek-si to the front road located in the same Eup/Myeon as the Eup/Myeon located in the same Eup/Myeon, without obtaining a driver’s license in the 1km section from around 0.219% under the influence of alcohol concentration at around 0.219% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the control of driving under the influence of alcohol, and report on the state of drinking drivers;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, investigation reports (former records, confirmation, and summary orders) and Acts and subordinate statutes;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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. The crime of this case on the ground of probation and community service order Article 62-2 of the Criminal Act is a case where a defendant drives a motor vehicle without a driver's license, and in light of the fact that the defendant committed a crime of driving a motor vehicle with a blood alcohol concentration of 0.219% in a state of drinking in an unlicensed state even though he had been already punished three times due to a drunk driving, etc., the criminal liability is not less and less.