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 October 1, 2010, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 3 million for the same crime in the same court on December 7, 2012, and KRW 5 million with the same crime in the same court on May 9, 2014, respectively.

Although the Defendant had three times of power driving under the influence of alcohol, the Defendant, at around 21:30 on May 18, 2015, driven a B-to-pur vehicle under the influence of alcohol content of approximately 0.074% without obtaining a driver’s license from a section of about 200 meters, from the road near Pyeongtaek-si Station in Pyeongtaek-si, to the front road in the same Dong, while under the influence of alcohol concentration of approximately 0.074%.

Accordingly, the defendant, even though he was a person driving at least twice, 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 detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Previous records: Application of inquiries about criminal records, etc. and a copy of each summary order;

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. In light of the fact that the defendant with reasons for sentencing of Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend a lecture, drives a motor vehicle without a license in the state of re-driving despite three times or more, the criminal liability is unfford, but the defendant's acknowledgement of the facts charged of this case, reflects his mistake, and does not repeat a crime, and the defendant is punished by a fine exceeding the fine.