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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On May 11, 2007, the Defendant was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on August 28, 2012, a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on August 28, 2012, and a fine of KRW 8 million for a violation of the Road Traffic Act (driving) at the Central District Court on September 29, 2014, respectively.

[2015 Highest 2896] Although the Defendant driven a motor vehicle under the influence of alcohol at least twice and violated Article 44(1) of the Road Traffic Act, on June 25, 2015, at around 12:00, the Defendant driven B Poter II while under the influence of alcohol at least 0.210% of blood alcohol concentration without obtaining a driver’s license from a 4km section to the capital IC road located in 134-3 U.S., U.S., Cheongcheon-si, U.S. Government, the Republic of Korea, around 12:50 on June 25, 2015.

[2] On September 22, 2015, at around 16:54, the Defendant driven B truck without obtaining a motor vehicle driver’s license from the front day of the Dongdong-dong distance in Macheon-si, Macheon-si to the front day of the “Dcafeteria” located in both States C.

Summary of Evidence

【Prior Records at the Time of Sales】

1. A statement on criminal records, etc. (A)

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. A copy of the usage register of drunks;

1. The register of driver's licenses (2015 high-class 3769);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the licensing ledger (A);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act; and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (including the fact that there is no criminal record of suspended sentence of imprisonment or more);

1. Order to attend lectures under Article 62-2 of the Criminal Act;