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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

1. On October 30, 2014, the Defendant violated the Road Traffic Act (drinking) at the Red Branch of the Daejeon District Public Prosecutor's Office of the Daejeon District Public Prosecutor's Office: (a) had been sentenced to a fine of KRW 4 million for a violation of Road Traffic Act (drinking driving) at least twice on June 5, 2015; (b) on June 24, 2017, the Defendant was driving a two or more occasions, such as being sentenced to a fine of KRW 4 million due to a violation of Road Traffic Act (drinking driving) at the Seoul East District Public Prosecutor's Office; and (c) on June 24, 2017, the Defendant was driving a two-wheeled vehicle under the influence of alcohol at approximately 10km alcohol level from the 10km section of alcohol level to the front day of the same Sincheon-si, Bocheon-si, by driving a two-wheeled vehicle under the influence of alcohol level of approximately 0.138%.

2. The Defendant 1 driven a two-wheeled automobile without obtaining a driver’s license at the time and place specified in the above paragraph 1. The Defendant 2 driven a two-wheeled automobile without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, report on the results of regulating the driving of drinking alcohol, report on the circumstances of the driver of drinking alcohol, report on internal investigation, ledger of driver's license, and next inquiry;

1. Application of Acts and subordinate statutes of inquiry about criminal history, investigation report (Evidence No. 20), transfer decision, written opinion, and 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. According to the reasoning of the suspended sentence under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account all the conditions of the sentencing as shown in the records, such as the Defendant’s age, sex, environment, and the circumstances before and after the instant crime.

There is a record of being punished for the same kind of crime when committing the crime of this case.