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

[criminal history] On December 1, 2006, the Defendant was notified of a fine of KRW 1.5 million due to a violation of road traffic law (dacting driving) in the Busan District Court’s Branch Branch on December 1, 2006. On August 24, 2017, the Defendant was notified of a fine of KRW 4 million for the same crime at the Seoul Southern District Court’s Southern District Court.

[Criminal facts] On September 10, 2017, the Defendant driven a BM7 car under the influence of alcohol level of 0.137% while under the influence of alcohol level of 0.137%, without obtaining a driver’s license, from around 2 km section from the back of the gold village in the Geum-si, Geum-si, Geumju Island to the front road.

Accordingly, the defendant, even though he had a driving force of drinking more than twice, has driven a motor vehicle without obtaining a driver's license while driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement report on the driver's license and the driver's license register;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order of the same kind of force of the suspect);

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

1. The reason for sentencing Article 62-2 of the Criminal Act regarding the order to attend a lecture was that the Defendant had been driving the third drinking since 2006, and the Defendant had been driving without a license at this time.

However, there are no criminal records of the same kind that the defendant is against and has been punished beyond the fine.

In addition, the punishment shall be determined as ordered in consideration of the motive of the crime, the distance of the vehicle, the circumstances after the crime, and all the sentencing conditions identified in the records and the trial process of this case.