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

【The Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Jung-gu District Court on October 22, 2008, the summary order of KRW 2 million for a crime of violating the Road Traffic Act at the same court on October 5, 2012, and the summary order of KRW 5 million for a crime of violating the Road Traffic Act at the same court on April 9, 2013.

【Criminal facts” around July 22, 2017, the Defendant driven a B rocketing car with alcohol content of about 0.171% under the influence of alcohol without obtaining a driver’s license from the 254th floor parking lot to the front road of the said parking lot, Songpa-gu Seoul Metropolitan Government around July 22, 2017.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle without obtaining a driver's license in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 community service order under Article 62-2 of the Criminal Act;