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 January 27, 2016, the Defendant issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving in drinking), and on August 3, 2016, the same court issued a summary order of KRW 5 million for the same crime.

On November 07, 2017, the Defendant, without obtaining a driver's license for a motor vehicle, driven a B B B-type motor vehicle in the vicinity of 33-2 meters 150 meters on the old-ro, Nowon-gu, a member of Ansan-si, under the influence of alcohol of 0.161% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Investigation report (report on the situation of the driver in charge); and

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of a summary 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. The reason for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection, community service, and order to attend a lecture, is heavy in that the defendant, while having a record of being punished for the same crime two times during the last two years, was engaged in drinking or driving without a license in the same condition, and caused an accident at the same time;

However, considering the favorable circumstances that the defendant confessions and reflects, there is no previous conviction exceeding the fine, support for the young children, and other conditions of sentencing as shown in the records, such as the defendant's age, sex, family relationship, and circumstances after the crime, the punishment as set forth in the text shall be determined.