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

The Defendant, at the Seoul Northern District Court on February 21, 2008, issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), on November 14, 201, and issued a summary order of KRW 1.5 million for the same crime in the same court on November 14, 201, respectively. On July 7, 201, the Defendant was punished for a crime of violating the Road Traffic Act (drinking driving) on two or more occasions by a fine of KRW 7 million for the same crime in the same court.

On March 7, 2016, the Defendant driven a motor vehicle with B money tank without obtaining a driver’s license from approximately 100 meters section from the front of the trade name in front of the 2nd city government of the Gu-si, Ma-si to the front road in front of the Ma-ro, Ma-ro, Ma-si, the Government of the Republic of Korea, to the front road in front of the Ma-ro, Ma-ro, the same Si-si, and driving a motor vehicle with alcohol concentration of 0.102% under the influence of alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the situation and report on the situation of driving without obtaining a license;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The automobiles are convenient means of transportation. However, since a person operating a vehicle is in danger of changing with a deadly weapon, he/she is obliged to obtain a license and operate a motor vehicle with due care. In particular, since driving of a motor vehicle can lead to a serious accident, the necessity of strict punishment is high in light of the danger. The Defendant, even if he/she was punished for driving two times or more, once again, again driving of the instant motor vehicle: the Defendant erred.