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 August 31, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Suwon Friwon method, and on June 10, 2015, the same court issued a summary order of KRW 1 million for the same crime.

On October 30, 2017, at around 20:31, the Defendant, without a driver’s license, driven a vehicle with approximately 800 meters high-speed car from the front of a restaurant in which it is impossible to identify the trade name on the top of the marked line in Jeju Island, in the state of under the influence of 0.067% of alcohol during blood without a driver’s license, to the front of the restaurant in which it is impossible to identify the trade name on the top of the marked line in Jeju Island, to the front of the missionary mission.

Accordingly, the defendant has been driving a motor vehicle without a driver's license in the state of being drunk even though he has violated the prohibition of driving in the state of drinking twice.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (formers and confirmations);

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. Reasons for sentencing under Article 62-2 of the Criminal Act on the grounds of protecting and observing the order to attend the school and taking into account all the various sentencing conditions specified in the argument of the instant case, and in particular, the following circumstances shall be taken into account: The favorable circumstances: the one that reflects the other, the other that the alcohol concentration in the blood is not high: The one that once he/she was punished three times due to drinking, once he/she drives a drinking again, and the other one