A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 23, 2009, the Defendant was issued a summary order of KRW 2.5 million as a fine for a violation of the Road Traffic Act, and KRW 2 million as a fine at the Gwangju District Court on November 1, 201 as the same crime.

On July 24, 2014, at around 14:08, the Defendant driven Bela car under the influence of alcohol 0.177% under the influence of alcohol without obtaining a driver’s license from the Do in front of the gam-type restaurant to the gam-type road located in the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant drives a motor vehicle without a license even though the defendant has been punished eight times for the same drinking or non-licensed driving of the same kind of motor vehicle. However, in light of the fact that the defendant recognized the facts charged in this case and took an attitude to reflect his/her mistake, he/she again leads the defendant not to drinking, drive without a license, and other circumstances indicated in the records, such as the defendant's age, character and behavior, family environment, etc., it is decided as per the disposition.