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 June 17, 2010, the Defendant was sentenced to a summary order of 2.5 million won for a fine for a violation of the Road Traffic Act, in the Seogu District Court’s branch court (Seoul District Court’s branch court). On June 27, 2014, the Defendant was sentenced to a fine of 3 million won for the same crime in the same court.

On October 20, 2014, around 23:20 on October 20, 2014, the Defendant driven B tea while under the influence of alcohol content 0.169% without obtaining a driver’s license from the front of convenience stores adjacent to the motor vehicle trading company in the Seo-gu, Daegu-gu, Daegu-gu, to the same south Daegu-gu underground level.

Accordingly, the Defendant, without a driver’s license, was a person who violated Article 44(1) of the Road Traffic Act not less than twice, driving a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The circumstantial statement of the employee;

1. The ledger of driver's licenses;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, etc., inquiry reports and investigation reports (attached to previous records and a copy of judgment);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., confession, reflectivity, and fine; (ii) there is no record of severe punishment; (iii) drinking again; and (iv) the fact that a person does not drive under a license without license; and (iv) other age, economic conditions

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;