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 19, 2009, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of road traffic laws at the Seoul Central District Court, and on September 22, 2015, the Seoul Western District Court issued a summary order of KRW 3 million to a fine for a violation of road traffic laws.

On January 21, 2016, at around 02:30, the Defendant driven a B-hand car with alcohol concentration of about 0.115% while under the influence of alcohol, without obtaining a driver's license, from around 58, the Dong-dong community service center located in Mapo-gu Seoul, Mapo-gu, Seoul, to around 7km from the office of the Dong-dong community service center to the new dong-dong 23-ro.

Therefore, even though the Defendant had driven a motor vehicle under the influence of alcohol not less than twice, he again driven a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the accused;

1. Report on detection of the driver at the main place, report on the circumstances of the driver at the main place, and the register of driver's licenses;

1. Records of judgment: Application of inquiry letter, such as criminal history, 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. 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 Road Traffic Act which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act (see the following grounds for sentencing) of the mitigated amount

1. Article 62(1) of the Criminal Act (see the following grounds for sentencing)

1. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures has already been punished twice due to drinking, such as the record of the crime in the judgment of the defendant, and even though he had been punished twice due to driving without a license, he/she again had again conducted driving of drinking and driving without a license.