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] On March 30, 2007, the Defendant was issued a summary order of KRW 700,000,000 as a crime of violation of road traffic law at the branch court of the Busan District Court, and KRW 5 million as a fine at the Seoul Southern District Court on December 29, 2015.

[2] On February 13, 2017, around 23:40, the Defendant driven a B rocketing car without a driver’s license in the state of under the influence of alcohol concentration of about 0.142% from the 1.3km section of blood alcohol during the blood, from the front road of Guro-gu Seoul Metropolitan Government 245 (Guro-ro, Guro-gu) to the front road of about 97 (Guro-ro, Hyundai apartment) of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, inquiry of the results of crackdown on drinking driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the same kind of force);

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

1. Despite the previous convictions that have been punished twice due to the driving of alcohol for the reasons of sentencing under Article 62-2 of the Criminal Act, the following circumstances are considered: (a) the instant crime was committed; (b) the amount of alcohol concentration in blood is relatively high; and (c) the Defendant’s environment, circumstances, driving distance, driving distance, and circumstances after the crime.