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 January 7, 200, the Defendant issued a summary order of KRW 2.5 million to a fine of KRW 2.5 million for a violation of the Road Traffic Act at the Seoul District Court on October 2, 2003, as a crime of violation of the Road Traffic Act (drinking driving) at the Changwon District Court on October 4, 201, a fine of KRW 1.5 million for a violation of the Road Traffic Act (drinking driving) at the Changwon District Court on October 4, 2010, and a fine of KRW 3.5 million for a violation of the Road Traffic Act (drinking driving) at the Changwon District Court on May 11, 2015.

On November 22, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle, driven a 1km B straw drive a motor vehicle in front of the second apartment commercial apartment building located in Seongbuk-gu, Seongdong-gu, Sungwonwon, Sungwon-si, Sungwon-si, Sungwon-si, in a state of alcohol content of 0.167% in the blood while under the influence of alcohol.

As a result, the Defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle while under the influence of alcohol in violation of the above provision, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. A witness statement in C;

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

1. Ledger of driver's license Ma1;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (Attachment to summary orders);

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 reason for sentencing of Article 62-2 of the Criminal Act regarding community service and order to attend lectures is that the Defendant again committed the instant crime even though he/she had a total of eight criminal punishments, including criminal records due to driving of drinking alcohol (one time in 2015) and was parked on two occasions during driving without a drinking license.