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 history] The defendant was sentenced to a fine of KRW 2.5 million for a crime of violation of the Road Traffic Act at the Incheon District Court on April 1, 2008, and a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving of alcohol) in the support of the Suwon Friwon of Suwon Friwon on September 28, 2013.

[2] The Defendant, while under the influence of alcohol leveling 0.120% in blood without a driver’s license, driven approximately KRW 2 in the front of the gold restaurant located in the Dong-dong of the members of Ansan-si on March 20, 2016 and the front of the large industry (ju) located in the same Gu, from March 20, 2016 to March 20, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home and the ledger of driver's licenses for motor vehicles (A);

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. For the reason of sentencing under Article 62-2 of the Criminal Act for the crime of this case, the Defendant’s blood alcohol concentration reaches 0.120% at the time of the crime of this case, the Defendant has been punished for the same kind of crime in total (three times of drinking driving, three times of driving without a license, and one time of driving without a license), and the Defendant committed again the crime of this case since two years have not passed since the Defendant was punished for the last non-licensed driving.

However, there are favorable circumstances and Article 51 of the Criminal Code, such as the fact that the defendant recognized his mistake and reflects the defendant, and that the defendant has no record of punishment exceeding the fine for the same crime.