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 July 6, 2011, the Defendant received a summary order of KRW 2.5 million from the Daejeon District Court to a fine of KRW 1,500,000 as a crime of violating the Road Traffic Act (drinking) and a summary order of KRW 2 million from the same court on July 18, 2017 as a crime of violating the Road Traffic Act (drinking).

On January 5, 2018, the Defendant, without obtaining a driver’s license in around 23:04, driven a B-string car at a section of about 1 km from the front of the B-string-dong B-dong Nonpark, where the Defendant was under the influence of alcohol level of 0.097% during blood, and was driving at the front of the B-string-dong Nonpark at around the same 1km road in front of the Daejeon B-dong Nonpark.

On April 9, 2018, the Defendant, “2018 Highest 1191, the Defendant, without obtaining a driver’s license around around 21:30 on April 21, 2018, driven a motor vehicle at approximately 2 km from the roads in front of the Songdong-gu, Daejeon High School, to the roads in front of the Dongnam-dong, which are located in the same Gu.

Summary of Evidence

"2018 Highest 288"

1. Statement of the defendant in the first trial record;

1. A protocol concerning the examination of the police officers of the accused;

1. A written inquiry about the result of regulating drinking driving;

1. The driver's license ledger;

1. Written inquiry about criminal history, etc.;

1. Investigation report "2018 Highest 1191";

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking alcohol, the choice of imprisonment), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense; Article 148-2 (1) 1, and Article 152 of the Road Traffic Act (the point of driving without a license; the choice of imprisonment);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (only between violations of the Road Traffic Act in the case of "2018 Highest 288");

1. Article 37 (former part of Article 37 of the Criminal Code, Article 38 (1) 2 and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes;

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 defendant's reasons for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection, community service order, and order to attend lectures, are the driving of drinking or non-licensed driving.