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

[2017 Highest 859] On February 23, 2009, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking) at the Changwon District Court on February 23, 2009. On September 30, 2015, the said court received a summary order of KRW 3.5 million as a fine for the same crime.

On March 11, 2017, around 04:07, the Defendant driven a C-A-hurd-hurd-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p

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.

[2017 Highest 2151] On June 13, 2017, the Defendant driven a motor vehicle from the Do in front of the Hanwon-dong, Jinwon-dong, Jinwon-si, Jinwon-si, where the trade name in the Yongsan-dong cannot be known, to which he/she is driving a motor vehicle without obtaining a driver’s license in the section of about 20km from the Do in front of the Gowon-dong, Kimhae-si to the road in front of the Gowon-dong, Kimhae-si.

Summary of Evidence

The application of the Act and subordinate statutes to criminal investigation reports (verification of the same criminal records as the suspect), such as criminal history in the register of driver's licenses of the defendant's oral statement by the defendant

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)

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.

5. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity (with no record of criminal punishment other than the previous conviction in the judgment, and considering the fact that there is no record of criminal punishment other than the previous conviction, and the fact that the person is repented);

6. Article 62 (1) of the Criminal Act on the suspension of execution.

7. Order to provide community service and attend lectures under Article 62-2 of the Criminal Act;