A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 24, 2016, the Defendant issued a summary order of KRW 1 million for a fine of KRW 5 million for a crime of violating the Road Traffic Act (non-licenseless Driving), on September 5, 2014 by the same court, on March 21, 2011, the same court issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving), and on March 4, 2008, the same court issued a summary order of KRW 2 million for a fine of KRW 2 million for a crime of violating the Road Traffic Act (dacting driving).

On May 22, 2016, the Defendant driven B rocketing car with approximately 50 meters alcohol content 0.135% under the influence of alcohol without a vehicle’s license from the front of the restaurant to the front road of the west-gu apartment located in the Kimpo-si, Kimpo-si, on which the name in the long-term Dong of Kimpo-si cannot be known.

Therefore, even though the defendant was punished twice or more due to drinking, he again drives a motor vehicle while under the influence of alcohol, and simultaneously drives a motor vehicle without the driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. The circumstantial report of the driver of a vehicle driving, inquiry into the results of crackdown on drinking driving, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to an inquiry letter, such as criminal history, an inquiry report (a summary attachment of an order), and a copy of a summary order;

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 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 200

1. Article 62 (1) of the Criminal Act (the same shall apply to the grounds for mitigation of the amount of punishment);

1. The community service order under Article 62-2 of the Criminal Act;