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

[criminal history] The defendant is a person who was sentenced to a fine of seven million won for a violation of road traffic law at the Seoul Northern District Court on August 1, 2014; on September 3, 2009, in the same court on the same crime, two years after the suspension of the execution of imprisonment for six months; on June 10, 2009, two million won for the same crime; on July 3, 2006, the Seoul Southern District Court sentenced to a fine of three million won for the same crime, etc. at the Seoul Southern District Court.

[2] Criminal facts [2016 Height 1606] On April 16, 2016, the Defendant driven a Dozer XG car without obtaining a driver’s license in front of a cafeteria in Seoul, Jung-gu, Seoul, without obtaining a driver’s license, while under the influence of alcohol with 0.064% in blood.

[2016 Highest 2744] On June 29, 2016, the Defendant driven a DNA car without obtaining a driver’s license from the roads located in the Hannam-si around 13:30 on June 29, 2016 to the roads in the Hannam-si, Seoul Hansan-dong.

Summary of Evidence

[2016 Highest 1606]

1. Statement by the defendant in court;

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

1. The driver's license ledger (2016 Highest 2744);

1. Statement by the defendant in court;

1. Reporting on the arrest of a person suspected of violating the traffic laws on roads;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence: The former has already been punished four times due to drinking driving, and the latter has been prosecuted on April 16, 2016, taking into account various conditions of sentencing as indicated in the instant case, such as the Defendant’s age, sex, and environment.