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.

Punishment of the crime

[2016 Highest 2037] Around 00:58 on June 4, 2016, the Defendant driven Clatera car under the influence of alcohol content 0.081% under the influence of alcohol content without obtaining a driver’s license from around 300 meters in the middle apartment in the same middle apartment zone located in the same Gu from the front of a mutually influent restaurant in Chungcheongnam-gu, Chungcheongnam-si to the front of the same Gu.

[2016 Highest 2420] On July 1, 2016, the Defendant, around 01:10 on July 1, 2016, under the influence of alcohol from the F points of the operation of the Victim E in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-si, Cheongju, destroyed the Defendant’s repair cost of KRW 30,00.

Summary of Evidence

[2016 Highest 2037]

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The register of driver's licenses (2016 Highest 2420);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements concerning E and G;

1. Relevant provisions of Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, and Article 366 of the Criminal Act concerning criminal facts;

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutual crimes between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without a license);

1. A crime of violation of the Road Traffic Act (Operation without License): Imprisonment with prison labor; a crime of causing property damage;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in two crimes);

1. Article 62 (1) of the Criminal Act;

1. The fact that the probation and the order to attend a lecture for the reason of sentencing under Article 62-2 of the Criminal Act not only only has the history of being punished for driving without a license for driving without a license, but also repeating the crime of driving without a license for driving without a license even though the period of repeated crimes has not expired, is disadvantageous to the defendant. However, the fact that the defendant seems to seriously reflect, and the crime of destroying and damaging property is caused by the crime.