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

On February 17, 2012, the Defendant was issued a summary order of KRW 4.5 million as a fine for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong site, and KRW 4 million as a fine in the same court on July 25, 2014.

Although the Defendant had had a driving force on two occasions, on July 4, 2015, the Defendant again driven a Bschton car from about 1 km section from the road located in Pyeongtaek-si East-dong without obtaining a driving license under the influence of alcohol level of 0.199% at around 00:40 on July 4, 2015 until the Hansung Apartment-dong road located in the same vision.

As a result, the Defendant, who had driven a motor vehicle more than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Records before judgment: Application of inquiries about criminal records, etc. and a copy of each summary order;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Even though the period of punishment for sentencing under Article 62-2 of the Criminal Act has three times been imposed on the defendant with the same kind of drinking driving, in light of the fact that the defendant drives a motor vehicle without a license in a considerable state of drinking, the crime liability is unlimited. However, the defendant's acknowledgement of the facts charged in this case, reflects his mistake, and does not repeat again, there is no record of punishment exceeding the fine imposed on the defendant, and other records shown in the records, such as the defendant's age, character and behavior, family environment, etc.