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 May 16, 2013, the Defendant was issued a summary order of KRW 4,00,000 as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court’s Dong Branch Branch, and on September 23, 2015, the Defendant was sentenced to a suspended sentence of six months for the same crime.

On December 9, 2017, the Defendant, without a driver’s license, driven a C-Le car in the section of approximately 4 KM from the day before the due date of the mutual influence, which is located in the Jin-si, Jin-si, Kim Young-si, Kim Young-si, to the front road, regardless of the number of trees located in 16 to the 16-ro of Jin-si, Kimhae-si, or to the front road without a driver’s license.

As a result, the Defendant again driven a motor vehicle without a license in violation of the prohibition clause on drinking, as a person who violated the prohibition clause on drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Application of an inquiry letter, such as criminal history, investigation report (verification of drinking records at least twice) and statutes;

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 under Article 62-2 of the Criminal Act of the Social Service and Order to Attend the lecture did not go again to commit the instant crime even though the Defendant had been punished by drinking or driving without a license.

However, in light of various circumstances such as the defendant's age, sex, environment, circumstances leading to the crime, the degree of drinking, and circumstances after the crime, the punishment is imposed as ordered in consideration of the following: (a) the time of the crime; (b) there is no record of punishment exceeding the suspension of the execution of imprisonment; (c) the vehicle in this case is scrapped and does not repeat the crime; and (d) the defendant's age, sex, environment; and (e