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 24, 2014, the Defendant issued a summary order of 1.5 million won for a crime of violating the Road Traffic Act at the Incheon District Court on February 24, 201, and on May 8, 2014, the Incheon District Court issued a summary order of 3 million won for a crime of violating the Road Traffic Act.

On November 28, 2015, at around 02:10, the Defendant driven a B-learning car under the influence of alcohol by 0.053% (0.094% alcohol concentration in blood collection blood) of alcohol during blood without obtaining a driver’s license from the section of approximately 200 meters, from around the 125 Mart-gu, Seocheon-si, Seocheon-si, to the 69-si, Seocheon-si.

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, a report on the circumstances of driving of drinking, and a report on the circumstances of driving of drinking;

1. Report on the circumstances of driving without a license;

1. License register;

1. A written appraisal;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes concerning investigation reports (Attachment to previous rulings related to the same history);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the confession of a crime, the number of drinking values is not high, and the short distance of driving alcohol);

1. An order to attend a course under Article 62-2 of the Criminal Act;