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

The Defendant, at the Seoul Northern District Court on February 4, 2015, has a record of driving under the influence of four times, including a summary order of KRW 7 million for a crime of violation of the Road Traffic Act, and a summary order of KRW 7 million for a fine in the same court on March 25, 2013.

On July 27, 2015, the Defendant, without obtaining a driver’s license, driven B vehicles at a section of approximately 500 meters in front of the “central intersection of a party branch” in the same way from the Seocho-gu Seo-gu, Sungnam-si, Sungnam-si, the level of alcohol content of which is 0.19% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. Registers of driver's licenses;

1. The application of the Act and subordinate statutes to references to criminal records and investigation reports (previous and verification);

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 for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a 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. Although it is necessary to impose severe punishment in light of the fact that an order to provide community service, undergo education, or conduct drinking and driving without a license, even though the reason for sentencing under Article 62-2 of the Criminal Act is limited to several times of drinking, it is necessary to impose a sentence of imprisonment. However, the defendant's repeated prevention of recidivism is made against the defendant, and thus, the court