A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On August 21, 2007, the Defendant was sentenced to a fine of 2.5 million won as a crime of violating the Road Traffic Act (drinking driving) in the Busan District Court's Branch Branch on August 21, 2007, a fine of 1.5 million won as a crime of violating the Road Traffic Act (dacting driving) in the Incheon District Court's Branch Branch on August 29, 2007, and a fine of 7 million won as a crime of violating the Road Traffic Act (dacting driving) in the Incheon District Court's Branch on July 21, 2014.

On July 18, 2015, the Defendant driven CM5 car under the influence of alcohol content of 0.109% without obtaining a driver’s license from around 2km section from around 00:13, the roads near the Campdong in Seongbuk-gu, Sungnam-si to the roads in front of the 'Smweingingingot', as amended.

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. A circumstantial report, inquiry of the results of drinking control, and a license ledger;

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (Attachment to judgments related to the same type of crime);

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 for Reduction of Quantity (see, e.g., Supreme Court Decision 2009Da14488, Apr. 1, 2009) (see, e.g., Supreme Court Decision 2008Da11448, Apr.

1. Article 62 (1) of the Criminal Act on the suspended execution;