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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 14, 2014, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1 million for a violation of the Road Traffic Act in the Incheon District Court’s Busan District Court’s Branch Branch on January 14, 201, and a summary order of KRW 5 million with the same crime at the Seoul Central District Court on December 24, 2014, respectively.

On October 3, 2015, around 04:20 on October 3, 2015, the Defendant, at the 6th underground parking lot in Geumcheon-gu, Geumcheon-gu, Seoul, without obtaining a driver's license from the section of about 1km from the 1km to the iron mountain and road located in the same Gu additional digital 2-83 meters, driving B-do under the influence of alcohol concentration of 0.143%.

As a result, although the defendant was punished for the violation of the Road Traffic Act more than twice, he was driving a vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of investigation reports (verification of punishment records for drunk driving of a suspect) Acts and subordinate statutes;

1. Article 152 subparagraph 1 of Article 152, Articles 43, 148-2 (1) 1 and 44 (1) of the Road Traffic Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant is driving under the influence of alcohol three times within a short period of time, and that the drinking water of this case is relatively high. However, the criminal liability is not minor in light of the fact that the defendant recognizes and reflects the crime, the defendant has no record of punishment exceeding the fine, and the defendant's age, character and conduct, environment, and circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account the overall