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 October 28, 2013, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a crime of violating the Road Traffic Act, and a summary order of KRW 4,00,000 as a fine in the same court on July 20, 2017, respectively.

On November 11, 2017, at around 23:57, the Defendant driven a B rocketing car under the influence of alcohol concentration of 0.056%, without obtaining a driver’s license, from a mutually influent restaurant parking lot near the Tri-riririririririririririririririririririririririririririri, to the front road of the same Eup, and without obtaining a driver’s license.

As a result, the defendant was not allowed to drive a motor vehicle under the influence of alcohol, but has violated it more than twice, and once again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Inquiries about the results of crackdown on driving alcohol;

1. The license register for automatic winding;

1. Previous convictions: Application of Acts and subordinate statutes of a reply to inquiry, such as criminal history, and a summary order attached to investigation reports;

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 ordinary concurrent crimes (a punishment imposed on a person who violates the Road Traffic Act due to a driving of a motor vehicle under heavier influence as stated in the judgment heavier than punishment);

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant, in addition to the instant crime, has been punished for drinking driving twice more.

Nevertheless, the Defendant had driven a drinking again without any special reason.

In addition to the above points, the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be considered, and the sentence shall be determined as per the order.