A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

[criminal history] On August 10, 2009, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of road traffic law at the Changwon District Court on March 22, 2010, a fine of KRW 1 million for a violation of road traffic law at the Changwon District Court on March 22, 2010, and a fine of KRW 7 million for a violation of road traffic law at the Busan District Court on May 3, 2016.

[2] On September 4, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle on September 4, 2016, driving a motor vehicle with approximately 2 kilometers B km B km in front of the oil station in the city of Kimhae-si, on the roads near Jeju National University, which is in the city of Kimhae-si with alcohol content of 0.105% while under the influence of alcohol during blood.

As a result, the Defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle while under the influence of alcohol in violation of the above provision, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

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

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiries about criminal history and investigation reports (formers and attachment of summary orders) Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, has already been subject to three times punishment due to drinking driving, and has committed a short-term recidivism without being aware of such history.

The degree of drunk driving is not easy, and the driver's license was revoked due to the driver's license for the driver's driving on the front line without permission.

There is also a history of punishment once by driving without a license.

However, the defendant was committed by an investigative agency.

The preceding criminal records are all identical.