A defendant shall be punished by imprisonment for a term of one year and two 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 June 7, 2012, the Defendant was issued a summary order of KRW 4 million by a fine for a violation of the Road Traffic Act at the Seoul Northern District Court on June 7, 2012, and on March 2, 2016, the Defendant was issued a fine of KRW 5 million by a fine for a violation of the Road Traffic Act at the Jungyang Branch District Court on March 2, 2016.

On June 20, 2016, at around 01:03, the Defendant driven a CM5 vehicle under the influence of alcohol content 0.218% without obtaining a driver’s license, from around 01:03 on the road near the Dong-dong, Dong-dong, Dong-dong, Dong-dong, to the front road of the 5-dong apartment complex.

Accordingly, the defendant, even though he had a driving force twice or more, has driven a motor vehicle under the influence of alcohol again, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Each previous record as stated in the circumstantial report of a driver and the driver's license ledger;

1. An inquiry report;

1. Application of Acts and subordinate statutes to investigation reports and summary order;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. The scope of punishment by law: Imprisonment with prison labor for one year and three years;

2. Whether or not to apply the sentencing criteria: Offenses against which the sentencing criteria are small and the sentencing criteria are not set.

3. One year and two months of a stay of execution, etc. (the circumstances and results of the criminal conduct, especially the fact that the driver is a driver without a license who has a high drinking level, the defendant has no criminal records of a stay of execution or more, the criminal records of the same kind, the age and character of the defendant, etc.);