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.

Criminal facts

On June 19, 2006, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 1 million for a violation of the Road Traffic Act as a crime of violation of the provisions of the Road Traffic Act (driving) in the Jung-gu District Court Goyang Branch on March 12, 2009, a fine of KRW 1.5 million with the same crime in the same court on March 12, 2009, and a fine of KRW 3 million with the same court on April 4, 2014.

On September 23:50, 2015, the Defendant driven B car under the influence of alcohol with a blood alcohol concentration of 0.096% without obtaining a driving license from September 23:50, 2015 to the front day of the Dong-dong Park in the same city-dong.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of the driver of the brewing ship;

1. The driver's license ledger;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal records, investigation report (including a copy of a summary order attached) and attachment of a criminal record and a summary order (including a copy of a summary order attached);

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. Sentence of Article 62-2 of the Criminal Act on the grounds of sentencing shall be imposed by selecting and punishing imprisonment at once taking into account the degree of blood alcohol, the background leading up to the driving without a license for drinking, the distance and place of driving without license for drinking, the age, character and conduct, environment of the accused, criminal records (no additional punishment shall be imposed in addition to fines stated on the records of criminal records), circumstances after committing the crime, etc.;