A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On April 12, 2011, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Eastern District Court on April 12, 201; on October 12, 2011, the said court received a summary order of KRW 1 million for the same crime; on May 11, 2012, the said court was sentenced to a suspended sentence of KRW 8 months for the said crime; and on May 19, 2012, the said judgment became final and conclusive on May 19, 2012.

On November 2, 2016, at around 13:47, the Defendant, at around 16:30, driven a B-to-pur motor vehicle under the influence of alcohol concentration of 0.176% without obtaining a driver’s license from the front line of “Kaskk” located in 16, 30-gil 16, Songpa-gu Seoul, to the front road of “Macheon-ro”, Songpa-gu, Seoul, to approximately 2.1km.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle without obtaining a driver's license in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the detection of a driver driving at the State, record of the measurement of drinking, report on the circumstances of the driver driving at the State, and the above dmark formula;

1. A map at the scene of an accident, and the driver's license ledger for motor vehicles;

1. A previous conviction: Application of a written inquiry and a written reply;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition. Article 40 (Selection of Punishment of Imprisonment);

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order has a record of being punished three times as stated in the previous conviction in the judgment of the court in which the defendant had already been sentenced to punishment, and in particular, in August 2012, the defendant was sentenced to a suspended sentence of 2 years for the crime of driving a drinking or non-license without a license for drinking, and driving a drinking or non-license without a license for drinking, even if he had a record of being sentenced to a suspended sentence of 2 years for 8 months.