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 August 22, 2013, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 3 million for a violation of the Road Traffic Act, and KRW 4 million with the same court on February 28, 2014 for a violation of the Road Traffic Act.

On August 12, 2014, the Defendant, without obtaining a driver’s license on August 12, 2014, driven B cruise car from around 200 meters to the roads in front of the Agricultural Cooperative located in Pyeongtaek-si Seo-dong with a blood alcohol concentration of 0.170%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Records before judgment: Application of inquiries about criminal records, etc. and copies of summary order Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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 on probation and order to attend a lecture is as follows: (a) in light of the fact that the defendant drives the motor vehicle of this case without a license two times the same drinking driving skills; (b) even though the driving skills of the same kind are once more than once, in a considerable drinking situation, the defendant seems to have the attitude to recognize the facts charged in this case and to reflect his mistake; (c) once he disposes of the motor vehicle of this case, he helps the defendant not to drinking, drive without a license; (d) there is no record of punishment exceeding the fine due to the same mistake; and (e) there is no record of being sentenced to a fine due to the same mistake, and other various circumstances shown in the records