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

[criminal history] On August 1, 2007, the Defendant received a summary order of KRW 1,00,000 as a fine for a crime of violation of road traffic law in the Cheongju District Court's support on August 1, 2007, and a summary order of KRW 4,50,000 as a fine for a crime of violation of road traffic law in the Cheongju District Court's Support on October 16, 2015.

[2] Although Defendant 1 had been punished for committing a violation of the Road Traffic Act (driving of alcohol) on more than two occasions, Defendant 2 driven a C-learning car under the influence of alcohol concentration of about 0.142% without obtaining a driver’s license from around 03:0 on April 30, 2016, from around 03:00 to around 2, 200, the trade name in front of the Cheongdong-dong, Jeoncheon-gu, Ho-gu, Seoul, to the front road of 1km, and without obtaining a driver’s license.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

1. Statement under the circumstances of driving at home;

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger;

1. Related photographs (the records of the crime in its holding);

1. Written inquiry and reply (criminal career);

1. Investigation report (verification of the past record of the same kind of crime);

1. Application of statutes and copies of written judgments and summary order; and

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 for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances of sentencing under Article 62-2 of the Criminal Act: Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, and other conditions of sentencing indicated in the records.

A drinking driving shall be punished twice by a drinking-free driver and once by a non-license.