A defendant shall be punished by imprisonment with prison labor for up to six 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 April 3, 2008, the Defendant was sentenced to six months of imprisonment due to a violation of road traffic law (drinking) at the Jung-gu District Court, and on December 13, 2013, the Seoul Eastern District Court received a summary order of KRW 6 million of fine due to a violation of road traffic law (drinking).

[2] On April 1, 2016, the Defendant driven a C-car without obtaining a driver’s license from around 8km to around 0.076% of alcohol level from the road located in Pyeongtaek-dong in Namyang-si, Namyang-si, Namyang-si to the road 238 in front of the 238-do.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries into the driver's license ledger;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

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 alternative imprisonment with prison labor (the crime of this case has been committed even though there has been a past record of serving several punishments, including the past record of serving a sentence for the same type of crime)

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009) (see, e.g., Supreme Court Decision 2008Da11

1. Article 62 (1) of the Criminal Act on the suspended execution;

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