A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 18, 2008, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Seoul Central District Court on June 18, 2008, and on April 5, 2017, the point at which the same court held a fine of KRW 1 million for a violation of the Road Traffic Act (driving) and driving under the influence of alcohol is March 7, 2017, prior to the instant crime.

A person who has violated the regulations on prohibition of drinking under the Road Traffic Act, such as the issuance of an order, at least twice.

On March 27, 2017, the Defendant, without obtaining a driver's license for a motor vehicle on March 27, 2017, driven a Cblade motor vehicle in the 1km section from the 12nd road of Gwanak-ro 30-ro 12 to the 516nd road of the same salary-ro 516th road in Gwanak-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

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 with heavier punishment);

1. Selection of an alternative imprisonment with prison labor ( Taking into account the circumstances, such as the fact that the Defendant had already been punished for driving alcohol twice again, leading to the instant crime even if he/she was punished for driving alcohol, and that he/she did not fall under one month after he/she was discovered while driving alcohol on March 7, 2017, and again driving alcohol again);

1. Article 53 and Article 55(1)3 of the Criminal Act of the Reduction of Small Amount of Punishment (see, e.g., Supreme Court Decision 2001Da15488, Apr. 1, 201) (see, 201Da1488, Apr. 2, 201).