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 April 18, 2014, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Suwon District Court’s Pyeongtaek District Court’s site on April 18, 201, and was sentenced to a fine of KRW 4.5 million by the same court on August 20, 2015.

[2016 Highest 393] On February 20, 2016, the Defendant driven B New EF rocketing car from the 500-meter section to the Seoul passenger’s front road located in the same time movement without obtaining a driver’s license around 06:10 on February 20, 2016, while under the influence of alcohol content of 0.152% during blood.

[2016 Highest 753] On March 6, 2016, the Defendant driven a motor vehicle B NewF rocketing without obtaining a motor vehicle driver’s license from the front day of the Pyeongtaek-dong ecological village in Pyeongtaek-dong, Gyeonggi-do to the front day of the same Si-dong 576-3, Dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Report on the circumstances of driving without any 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, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated 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. To observe the protection and make decisions on the application of sentencing guidelines under Article 62-2 of the Criminal Act: Not subject to the application;