A defendant shall be punished by imprisonment for not less than eight 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 November 26, 2012, the Defendant issued a summary order of KRW 1,50,00,000 as a fine for a crime of violating road traffic law (drinking) at a high-level district court support on November 26, 2012, and on March 9, 2015 by the same court.

On January 17, 2016, the Defendant driven a B-learning car under the influence of alcohol leveling of about 0.083% without obtaining a driver’s license from around 10 meters from the Rain Lone Star-dong, Dong-dong, Sinyang-si, Sinyang-si, Sinsan-dong, Sinsan-si, Sinyang-si, to the front road of the Lone Star-dong, Sinyang-si.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, the situation report on the driver of drinking, and the register of driver's licenses;

1. Application of a reply to inquiry, a summary order, and the Acts and subordinate statutes;

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. The grounds for sentencing under Article 62-2 of the Criminal Act include the defendant's reflectivity, the record of punishment for drinking alcohol (two times), the degree of alcohol content, the time gap between the immediately preceding detection and the day of accident, the fact that there is no history of punishment exceeding the fine, the circumstances and contents of the crime, the defendant's age, sex, environment, family relationship, and all the other factors of sentencing including the circumstances after the crime are considered, and the punishment is determined as ordered.