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 June 14, 2007, the Defendant was sentenced to a suspended sentence of two years for a year due to a crime of violating road traffic law (drinking) in the Goyang Branch of the Jung-gu District Court, and on November 24, 2015, the Defendant was sentenced to a fine of five million won for a crime of violating road traffic law (drinking) in the same court.

On June 2, 2016, around 04:30, the Defendant driven a B B B typ car under the influence of alcohol concentration of about 0.147% in blood, without obtaining a driver's license, from the front side of the lux restaurant located in 1088-4 Dongsan, Seo-gu, Seoyang-gu, Busan, to the front side of the luxon 108-4 on June 2, 2016, at approximately 2.5 km, Seoyang-gu, Seoyang-gu, Seoyang-gu, 1016.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act on the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without obtaining a driver’s license under the influence of alcohol in violation of this Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of driving at home and report on the situation of driving without a license;

1. Registers of driver's licenses for motor vehicles;

1. Notification of the results of crackdown on driving alcohol (electronicized documents);

1. Previous convictions in judgment: References to inquiries, such as criminal history, (A), investigation reports (formers and confirmations and attachment of judgments) and statutes shall apply;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing reasons of Article 62-2 of the Criminal Act for community service and lecture attendance order shall be determined as ordered in consideration of the fact that the defendant was not punished for a fine due to driving under drinking and thus re-offending, the amount of the defendant's drinking, records of the same kind, the age, character, environment, etc.