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 8, 2013, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Changwon District Court on April 8, 2013, and a summary order of KRW 3 million for the same crime at the same court on October 28, 2013, respectively.

On May 23, 2017, the Defendant driven a B B B B B motor vehicle under the influence of alcohol concentration of 0.061%, without obtaining a driver’s license, from the front of the Gyeong-dong Gyeong-dong Gyeong-dong Gyeong-dong Gyeongwon-si to the front of the 31st maritime planning in the same Gu, from the front of the 1km-ro 31m-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A);

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 was that the Defendant again committed the instant crime even though he had been punished three times due to drinking or driving without a license within the last five years.

However, the defendant is against the defendant, and there is no criminal punishment in addition to the above three-time punishment records (which is both fines), and there was no accident due to driving without a license for drinking alcohol.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the records and arguments, such as drinking figures, the age of the defendant, sexual conduct, environment, details and motive of the crime, circumstances after the crime, etc.