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 December 28, 2006, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating road traffic laws at the Seoul Western District Court on December 28, 2006, and a fine of KRW 2 million for the same crime at the same court on February 2, 2007. On June 12, 2007, the Defendant was sentenced to imprisonment for 8 months and suspension of execution for the same crime in the same court on June 12, 2007. On January 27, 2015, the Defendant was sentenced to a summary order of KRW 5 million for a crime of violating road traffic laws (drinking) at the Goyang Branch Branch of the Seoul Western District Court on February 27, 2015.

On 03. 03. 08. 22:20 on 08. 03. 08. 22:20, the Defendant driven a Bone Star vehicle under the influence of alcohol concentration of about 0.114% without obtaining a driver’s license from the head of the door-line to the outer space located in the Dong of the same city from the head of the city to the outer space located in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the circumstantial records of drivers who are placed in driving, reports on the situation of driving without a license, the register of drivers' licenses, and the results of regulating driving of alcohol;

1. Application of a reply to inquiry, such as criminal history, a summary order, and a part of the judgment text 1;

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 Code of the community service order and the order to attend a lecture is that the defendant needs to be subject to strict punishment corresponding thereto in light of the defendant's records of punishment for drinking and non-licenseless driving.

The alcohol value of the instant case is also high.

However, under the favorable circumstances where the defendant shows the appearance of the defendant and does not cause any accident, the defendant's age, sex, environment, occupation and experience, family relationship, motive and circumstance of the crime shall be considered.