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 March 28, 2011, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and a summary order of KRW 5 million for the same crime at the same court on July 15, 2016.

On November 3, 2017, at around 23:05, the Defendant, without a driver’s license, driven a B B B-type car at a section of approximately 200 meters from the south-gu Seoul metropolitan area to the roads located in the same Dong and located in the same Dong, while under the influence of alcohol level of 0.27%.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

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

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. A written appraisal of alcohol during blood;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and reporting of the previous convictions in each disposition and the results thereof;

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. 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. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

A. Unfavorable condition: The Defendant again committed the instant crime even though he was punished twice or once due to driving without a license, as in the previous convictions that he had been sentenced to two times or more as in the previous convictions.

(b) favorable conditions: The defendant's acknowledgement of the crime of this case and reflects his mistake, and there is no record of punishment of suspended execution or more;

C. The Defendant’s punishment was determined by taking account of various sentencing conditions prescribed in Article 51 of the Criminal Act, which are shown in the Defendant’s age, sex, environment, and other records of this case.