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 March 3, 2016, the Defendant issued, respectively, a summary order of KRW 6 million to a fine of KRW 3 million for a violation of road traffic laws at the Daejeon District Court on March 3, 2016, and a fine of KRW 6 million for a violation of road traffic laws in the same court on February 2, 2017.

On April 13, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle at around 05:03, operated a clater vehicle at the section of about 1 km to the front of the restaurant in which the trade name located in the Sejong-si village of the same 690 is unknown while under the influence of alcohol content 0.094% during blood, from the front of the restaurant in which it is difficult to identify the trade name in the Sejong-si village of the same 690, the Defendant driven a clater vehicle at the section of about 1 km to the front of the 529 apartment complex.

Accordingly, the Defendant, without a driver's license, has violated the provision prohibiting driving of a motor vehicle at least twice, and has driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of alcohol, report on the situation of the driver under the influence of alcohol, investigation report (report on the situation of the driver under the influence of alcohol), on-site photographs, inquiry into the results of crackdown on the driving of alcohol, register of driver's licenses for automobiles, investigation report

1. Previous convictions in judgment: Application of the results of inquiry and investigation report (the confirmation report of the same kind of power) Acts and subordinate 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. 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. The defendant's age, occupation, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc. and the conditions of various sentencing as shown in the argument of this case shall be determined as ordered by taking into account the following circumstances under Article 62-2 of the Criminal Act, and other circumstances under the reason of sentencing.

Unfavorable circumstances: The case has been punished for the same kind of crime, but it is again.