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

The Defendant was issued a summary order of KRW 4 million in the Daegu District Court on July 23, 2009 to a fine of KRW 1.5 million for a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch on July 23, 2009, and on May 2, 2011, by the same court as the same crime, etc.

On October 30, 2014, at around 16:10 on October 30, 2014, the Defendant driven a B-learning car with a blood alcohol concentration of 0.165% under the influence of alcohol without obtaining a driver’s license in approximately 4 km section from the day front of the arche station located in the T-Sari, Taecheon-si, Taecheon-si to the front day of the police box of the same west.

Accordingly, the defendant, who violated two times the prohibition of driving under the influence of alcohol, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of driving on a motor vehicle and the register of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (former records and attachment of judgment);

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 (the punishment imposed on a violation of the Road Traffic Act of which punishment is heavier);

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (Article 55(1)3 of the Criminal Act shall be taken into account the fact that the details and process of committing the crime, the confession of the crime and the reflection, etc., while taking into account the circumstances leading to and the process of detection of the crime

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;