A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal history] The Defendant was sentenced to a fine of KRW 3 million for a violation of road traffic law at the Daejeon District Court on December 23, 2008; KRW 1.5 million for a violation of road traffic law at the Daejeon District Court on June 3, 2013; KRW 7 million for a violation of road traffic law at the Daejeon District Court on August 1, 2014; and KRW 10 million for a violation of road traffic law at the Daejeon District Court on February 18, 2016.

[2] On July 8, 2017, the Defendant driven a BM7 car from around 30 meters away from the front side of the “Franc loan,” which is under the influence of alcohol with a maximum of 0.189% during blood alcohol while under the influence of alcohol at around 10:30 on July 8, 2017, to the front side of the “U.S. M. M. M. car” located in the Seo-gu Seoul Special Metropolitan City, Seo-gu, Seoul.

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.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on driving of alcohol, statement of the circumstances of the driver driving, inquiry of the results of crackdown on driving of alcohol, and the register of driver's licenses;

1. Previous records: The results of inquiry and the application of the Acts and subordinate statutes reporting criminal investigations;

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)

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act: The person again commits the instant crime even though he/she had been subject to punishment four times due to drinking driving, and two times due to unlicensed driving, and the circumstances favorable to the receipt of drinking: O and other defendants' age, occupation, sex behavior, environment, motive and means of the instant crime.