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

On March 28, 2016, the Defendant, at around 19:15, driven a Bran vehicle while under the influence of alcohol content of 0.135% while under the influence of alcohol, without obtaining a driver’s license from the front of a mutually influent restaurant 671, Geumyang-si, Geumyang-si, the same city-ro 472, the south-ro 112, Nam-gu, the 112-dong 112-dong 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license and report on the circumstances of driving at home;

1. Report on the circumstances of driving a drinking and report on the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and the order to attend a lecture, is a convenient means of transport. However, since the dangerous article that can be inferred by a deadly weapon, a person operating a motor vehicle is obliged to obtain a license and operate a motor vehicle with due care in normal circumstances.

In particular, drinking driving may lead to a large accident, and in light of the risk, it is not good to commit a crime.

The Defendant had already been punished several times due to drinking driving, but again, followed the instant drinking driving by the Defendant, on October 29, 2015, issued a summary order of KRW 3 million due to a violation of the Traffic Act (drinking) on the road on October 29, 2015. On February 16, 2016, the Defendant transferred the vehicle under his/her spouse’s name to prevent the Defendant from driving again after he/she was under a non-licenseing license, etc.

However, there is a need for strict punishment in light of the fact that the driver uses the same vehicle immediately after that, and uses the same vehicle for driving and driving without a license.

Provided, That there is no record of punishment exceeding a fine, and other matters.