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] In the Hongsung Support of the Daejeon District Court on February 2, 2000, the Defendant was sentenced to a fine of KRW 700,000 to a fine of KRW 2 million for the same crime on April 25, 2003, a fine of KRW 2,50,000 to a fine of KRW 2,50,000 for the same crime in the Seosan Branch of the Daejeon District Court on June 22, 2012, and a fine of KRW 4,00,000 for the same crime on May 14, 2015, respectively.

[2] On April 15, 2016, the Defendant, while under the influence of alcohol at around 20:30% during blood, was driving a motor vehicle without obtaining a driver’s license. From around the office of the executive branch of the Suwon-gu Seoul Special Metropolitan City, the Defendant was driving a motor vehicle at approximately 4 km from the 4km section to the road front of the same Eup bus terminal.

Accordingly, the defendant, even though he had been punished by drinking not less than twice, was driving a motor vehicle under the influence of alcohol again, and driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous and the confirmation of contents);

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 (including the fact that there is no previous conviction exceeding a fine, etc.);

1. Article 62-2 (1) of the Criminal Act concerning community service and order to attend lectures;