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

On December 17, 2014, the Defendant was sentenced to a fine of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) in the Goyang Branch of the Jung-gu District Court on December 17, 2014, and a fine of KRW 1 million as a crime of violating the Road Traffic Act (drawing driving) on June 3, 2015.

On July 14, 2016, the Defendant, at around 00:07, driven a motor vehicle from around 600 meters to the front road of the same city from around 00:07, without obtaining a motor vehicle driver’s license from around 600 meters to the front road of the same city. The Defendant, while under the influence of alcohol concentration of 0.121% during blood, driven a motor vehicle of Chump with a alcohol concentration.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a person who violates the Road Traffic Act due to a driving of a motor vehicle under heavier influence as stated in the judgment heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order was that the Defendant had been punished once due to drinking alcohol driving and once without a license, but was engaged in drinking or without a license.

However, it is reasonable to consider that the defendant shows an attitude against the defendant.

In addition to the above points, the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be considered, and the sentence shall be determined as per the order.