A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 19, 2008, the Defendant was sentenced to a fine of KRW 800,00 for a crime of violating the Road Traffic Act at the Seoul Western District Court on November 19, 2008, and was sentenced to a fine of KRW 4 million for a crime of violating the Road Traffic Act in the Jungyang Branch of the Jung-gu District Court on April 25, 2014.

On January 29, 2016, around 23:50, the Defendant driven B mae-car under the influence of alcohol concentration of 0.166% without obtaining a driver's license from the 2nd freedom of Goyang-gu, Goyang-gu, Goyang-gu, Goyang-si, Goyang-si, Goyang-si, Goyang-si.

Accordingly, the defendant, even though he had a driving force of drinking more than twice, has driven a motor vehicle without obtaining a driver's license while driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, a report on investigation, and the statutes attached to the judgment;

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

1. Article 40 and Article 50 of the Criminal Act, the choice of punishment by imprisonment, and the choice of punishment;

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 Social Service Order was that the Defendant, while having been able to drive under the influence of drinking at four times, was also driving without a license.

However, the defendant shows that he is under the influence of leuk-beoper's disease and does not drive again.

In addition to the above points, the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be considered, and the sentence shall be determined as per the order.