A defendant shall be punished by imprisonment with prison labor for up to six 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 21, 2006, the Defendant issued a summary order of KRW 500,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Jeonju District Court on July 21, 2006, a summary order of KRW 1,000,000 as a fine for the same crime from the Pyeongtaek District Court on October 17, 2014, and a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (Free Driver) at the Seoul Northern District Court on May 27, 2015.

On June 10, 2015, the Defendant, without obtaining a driver's license at around 02:22 on June 10, 2015, driven a B Track car under the influence of alcohol concentration of about 0.125% from the 70km section to the front side of the main apartment complex in the principle of compost from the front side of the retirement village at the southyang-si, to the front side of the 368km-si.8km.

Accordingly, the Defendant, who had driven a motor vehicle twice or more, was driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Reading the driver's license ledger;

1. Records before judgment: 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 the reason of sentencing in Article 62-2 of the Criminal Act, drives a motor vehicle without a license even though there are two times the records of punishment for the same kind of drinking driving, the liability for the crime is unreasonable, but the defendant's acknowledgement of the facts charged of this case, reflects his mistake, and refuses to repeat the crime, and exceeds the fine of the defendant.