A defendant shall be punished by imprisonment for six months.

except that 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 April 13, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on April 13, 2007, and a fine of five million won for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on January 6, 2016.

Criminal facts

On July 6, 2016, the Defendant, without obtaining a driver’s license, driven the said car in approximately 10 meters from the parking lot in the Seoul Special Metropolitan City, Nowon-gu, to about 48-ro 6 Han new apartment complex from the parking lot in the Seoul Special Metropolitan City, Nowon-gu to about 5-dong apartment.

Accordingly, the defendant driving a motor vehicle without obtaining a driver's license, while driving a motor vehicle at the same time, while driving a motor vehicle under the influence of alcohol more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Report on detection of drinking drivers and the results of the control of drinking driving;

1. Application of the statutes on the register of driver's licenses;

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. Reasons for the suspended sentence under Article 62(1) of the Criminal Act: The fact that a person commits the crime of driving without a license for drinking alcohol in this case even though he had already been sentenced to a three-time fine due to a drunk driving, and circumstances favorable to the higher drinking alcohol: He reflects the defendant's age, character and behavior, and environment, and takes into account the various conditions of sentencing as indicated in the instant case into account.