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 September 4, 2014, the Defendant issued a summary order of KRW 5 million to a fine of KRW 5 million for a crime of violating the Road Traffic Act at the Daejeon District Court on September 4, 201, a summary order of KRW 2 million by the same court on October 5, 2007, and a summary order of KRW 1.5 million by the same court on March 9, 2007.

On November 5, 2015, the Defendant, without obtaining a driver’s license of a motor vehicle, driven a BN motor vehicle at the section of about 10 km from the front road located in the Daejeon Pung-dong to the hydrosdong in the same city, under the influence of alcohol level of 0.188%.

As a result, the Defendant violated the prohibition of drinking at least twice, and drives a motor vehicle without obtaining a driver's license in the state of drinking in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. It is so decided as per Disposition for the reason of taking lectures and providing community service orders under Article 62-2 or more of the Criminal Act;