A defendant shall be punished by imprisonment for not more than ten 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 September 28, 2012, the Defendant was sentenced to a fine of KRW 1.5 million by the Daejeon District Court on September 28, 2012, and a fine of KRW 4 million by the same court on June 3, 2016.

On January 18, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle, driven CMWX5 motor vehicle from the 4km section of the World Cup stadium No. 4 meters to the road in front of the exit of the route in the same Gu and with the alcohol concentration of 0.087% at a 0.087% alcohol level in blood.

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

around 14:20 on February 14, 2017, the Defendant driven CMW X5 vehicle from the front of the changed apartment site located in Seo-gu, Seo-gu, Daejeon without a driver's license to the fourth road of the car list distance in the same city from around 2km to the fourth road of the car list.

Summary of Evidence

[2017 Highest 484]

1. Statement by the defendant in court;

1. Arrest report of the occurrence of the case, on-site photographs, access screen pictures, notification of the results of crackdown on the driving of drinking, circumstantial reports on drivers of drinking, inquiry into the results of crackdown on the driving of drinking, the ledger of driver's licenses, and inquiry into the main office;

1. References to inquiries, such as criminal history, investigation report (a copy of summary order of the same type of crime).

1. Statement by the defendant in court;

1. An explanatory note, a report on the situation of driving without a license, and an inquiry about the application of statutes;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking) of the Traffic Act concerning the facts constituting an offense, and Articles 152 subparagraph 1, and 43 (the point of driving without each license) of the Road Traffic Act;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reduction of a small amount;