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 April 8, 2016, the Defendant was sentenced to a fine of KRW 6 million for a crime of violation of road traffic law at the Daegu District Court on April 8, 2016, a fine of KRW 5 million for the same crime in the same court on May 20, 2014, and a fine of KRW 2 million for the same crime on February 22, 201, respectively.

On April 29, 2016, the Defendant, without a vehicle driver’s license, driven B rocketing car at approximately 50 meters from the Madok International Parking Lot located in the Seogu Seo-gu, Daegu-gu, to the front road of this school community in the same Dong, while under the influence of alcohol content of 0.127%.

Accordingly, the Defendant, without a driver's license, driven a motor vehicle under the influence of alcohol, even though he had a record of punishment on two or more occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. The driver's license ledger;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the history of punishment for drinking driving) statute;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant’s age, sex, environment, motive and means of a crime, and circumstances before and after a crime are committed, etc. are considered, and the Defendant’s age, sex, environment, motive and means of a crime, and conditions of various sentencing mentioned in the instant case are considered, and thus, it is determined as per Disposition.