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 February 16, 2007, the Defendant was issued a summary order of KRW 700,000,000 for a fine for a violation of the Road Traffic Act at the Seoul Central District Court, on October 2, 2008, a summary order of KRW 1.5 million for the same crime at the Seoul Western District Court, and on September 23, 2016, a summary order of KRW 5 million for the same crime was issued, respectively.

[Criminal facts] On June 21, 2018, the Defendant, without obtaining a driver’s license of a motor vehicle on June 23:15, 2018, driven B rocketing car at the 1km section of approximately 1km from the road in front of the 0.124% alcohol concentration in the blood while under influence of 0.124% in the blood.

Accordingly, the Defendant, while under the influence of alcohol more than twice, driven a motor vehicle without obtaining a driver’s license, while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection, such as violation of traffic laws on roads, reporting on the circumstances of driving under drinking, and inquiry into the results of regulating drinking driving;

1. The driver's license ledger and the driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history, investigation reports (verification of suspect drinking records), and application of Acts and subordinate statutes of each summary order;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The need for strict punishment in light of the risk of drinking driving, the degree of alcohol level in the blood of this case is 0.124%, and the degree of punishment for the same kind of crime is 0.124%, and the normal circumstances that are favorable to the fact that three times the record of being punished for the same crime is recognized and against the wrongness.