A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On January 19, 2007, the Defendant was sentenced to a summary order of seven million won or more due to a violation of the Road Traffic Act (driving) at the Suwon District Court. On July 14, 2009, the Defendant was sentenced to a suspended sentence of one year or more due to a violation of the Road Traffic Act (driving) in the Hongsung Branch of the Daejeon District Court on July 14, 2009.

On October 2, 2013, around 05:30 on October 2, 2013, the Defendant driven a Cske vehicle with a blood alcohol content of about 0.208% while under the influence of alcohol without obtaining a driver’s license from the front side of the Cske parking lot located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu 22, from the front side of the Cske 24-2 to the front road of the Dske 24-2.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. Previous convictions: Application of criminal records, written judgments, and copies of summary orders;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation, including the fact that the distance from driving is relatively short and does not reach an accident, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Social service order under Article 62-2 of the Criminal Act;