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 November 14, 2008, the Defendant was subject to a summary order of KRW 700,000,000 as a fine for a crime of violating the Road Traffic Act at the Cheongju District Court on November 14, 2008, and KRW 3 million as a fine at the Daejeon District Court on July 11, 2016.

On October 29, 2017, the Defendant, without a driver’s license of a vehicle around 06:00, driven a DNA-type car from the front parking lot of the 103-dong apartment to the Paris Bag-gu, Sejong Sin-si, in a state of drinking alcohol content of 0.220%.

Accordingly, the Defendant, while driving a motor vehicle without a driver's license, was in violation of the prohibition of driving under the influence of alcohol not less than twice, driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of the crackdown on the driving of alcohol, the statement of the situation of the driver under the influence of alcohol, investigation report (report on the situation of the driver under the influence of alcohol), investigation report, internal investigation report, the case-related photograph, and inquiry about the results of

1. Previous convictions: Inquiry into criminal records and investigation records, investigation reports (verification of the history of punishment for drinking drivers), and application of a copy of a farming order;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the following circumstances shall be determined by comprehensively taking into account the Defendant’s age, occupation, sex, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, etc. and the conditions of various sentencing as shown in the instant pleadings.

Unfavorable circumstances: The person has been punished for the same kind of crime, but it is again.