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 October 1, 2013, the Defendant was sentenced to a fine of KRW 3 million for a violation of road traffic laws in the Seocheon Branch of the Daejeon District Court on March 1, 2013, a fine of KRW 1.5 million for a violation of road traffic laws (unlicensed driving) in the Red support of the Daejeon District Court on June 11, 2015, and a fine of KRW 7 million for a violation of road traffic laws (driving driving) in the Seosan Branch of the Daejeon District Court on August 7, 2015, respectively.

[2] On July 25, 2016, the Defendant, despite the Defendant did not obtain a valid license to drive a motor vehicle, driven a Esch Rexton vehicle under the influence of alcohol concentration of about 0.167% at a distance of about 500 meters from D to D from around 500 meters before the aforementioned “D” at around 500 meters from D around July 25, 2016.

As a result, the Defendant, who has been punished not less than twice as a crime of violating the Road Traffic Act, driven a motor vehicle under the influence of alcohol without obtaining a valid license to drive a motor vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of a 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Acts of transportation with heavy punishment);

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 Defendant committed the instant crime in spite of the fact that he/she had been punished several times with respect to drinking or non-licensed driving; and the instant case.