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 February 13, 2012, the Defendant was issued a summary order of KRW 4,00,000 for a crime of violating the Road Traffic Act (drinking driving), and on May 30, 2012, the Defendant was issued a summary order of KRW 5,00,000 for the same crime in the same court. On November 2, 2012, the Defendant was issued a summary order of KRW 5,00,000 for the same crime. On May 12, 2014, the Defendant was issued a summary order of KRW 5,00,000 for the same crime at the same court.

On January 6, 2016, around 05:50, the Defendant driven a DNA coo car without obtaining a driver's license, while under the influence of alcohol leveling 0.113% of alcohol level in the front of the Dong community service center at approximately 2-3 meters in the 9-ro, Yangcheon-gu Seoul, Yangcheon-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. The driver's license ledger;

1. (A) of an inquiry letter, such as criminal history, and application of Acts and subordinate statutes of a report on investigation (Attachment to the judgment, etc. of the suspect A same kind

1. A driver's license under Article 148-2 (1) 1 or 44 (1) of the Road Traffic Act for a crime: Article 152 subparagraph 1 or 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a person who violates the Road Traffic Act due to a driving of a motor vehicle under heavier influence as stated in the judgment heavier than punishment);

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. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service order, and order to attend a lecture, has many times the criminal history of being punished for driving under drinking, and even though the defendant committed the same crime during the period of suspension of execution, it is very highly likely to commit the instant crime in light of the fact that he/she repeated the instant crime.

However, in the course of parking a vehicle after using an acting engineer, the same driving has become possible, the distance of driving the vehicle is shorter, and the vehicle has been driven thereafter.