A defendant shall be punished by imprisonment for not more than ten 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 November 21, 201, the Defendant was notified of a summary order of a fine of KRW 5 million in the Daejeon District Court due to a violation of road traffic law (drinking driving), and on May 12, 2014, the Defendant was notified of a summary order of KRW 4 million due to a violation of road traffic law (drinking driving) at the Daejeon District Court.

Criminal facts

On March 11, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle and at around 0.301% of alcohol content during blood, driven a DNA motor vehicle in the section of 200 meters from the first floor of the building C to the cafeteria on the front of the restaurant where the name of the location of the building in Daejeon-gu C, Daejeon-gu, the Defendant’s residence is unknown.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. The driver's license ledger;

1. Previous conviction: References to inquiries, application of investigation reporting 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there are three times the records of the crime of drinking alcohol driving, the fact that all the records of the crime of drinking alcohol driving are fines, and the decision of the sentence that confessions and reflects the fact that the above circumstances are different from others, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, various sentencing conditions as shown in the arguments of this case, such as the circumstances after the crime, shall be considered;