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 9, 2007, the Defendant received a summary order of KRW 1.5 million from the Changwon District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, and a fine of KRW 2.5 million from the same court on December 26, 201 to a crime of violating the Road Traffic Act.

On March 29, 2016, at around 01:05, the Defendant driven a Boper car with alcohol content of 0.109% while under the influence of alcohol while under the influence of alcohol without obtaining a driver's license in a section of approximately one kilometer before the sound church in front of the south-dong market located in Seongdong-gu, Sungwon-si, Sungwon-si, Sungwon-si.

As a result, the Defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle while under the influence of alcohol in violation of the above provision, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Registers of license certificates of the main office, and driving licenses of motor vehicles;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (reports attached to summary orders issued on the same paper of force);

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, committed the instant crime again under the same type of alcohol without a license even though not only three times the driving force of the same drinking is more than three times, as indicated in the facts constituting the crime in the judgment of the court below, and the amount of alcohol concentration at the time of driving of the instant drinking alcohol is very high.