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

On October 4, 2012, the Defendant received a summary order of KRW 4 million from the Suwon District Court to a fine of KRW 4 million due to a violation of the Road Traffic Act, and on March 27, 2015, the said court was sentenced to a fine of KRW 4 million due to the same crime, etc.

The Defendant, as seen above, driven a car at approximately 4 km from May 21, 2015 to the front road of the 202 Do-ro Do-Eup, which is located in the same city-ro Do-Eup, in the direction of approximately 0km from May 21, 2015, in the direction of approximately 0.148% of blood alcohol concentration without obtaining a driver’s license, while under the influence of alcohol, at around 08:06.

Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records: Criminal records, etc. inquiry reports, copies of summary orders, and application of Acts and subordinate statutes of the judgment;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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. In light of the fact that the defendant with the reason of sentencing under Article 62-2 of the Criminal Act of the Act on Probation and Order to Attend the course of driving a motor vehicle without a license even though there are three times or more, in light of the fact that the defendant drives a motor vehicle without a license in a considerable state of drinking, the crime is without fault, but the defendant recognizes the facts charged of this case, reflects his mistake, and does not repeat the crime, there is no history of punishment exceeding the fine due to the same mistake of the defendant, and other defendants