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

On November 12, 2014, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act at the Busan District Court, and issued a fine of KRW 2 million on December 7, 2016 by the same court as a fine for the same crime.

On December 24, 2017, at around 04:11, the Defendant, without a driver’s license, driven CK7 motor vehicles in a section of about 1 km from the front of the Dong-dong Office in Busan Northern-dong to the road front of the Dong-dong Office in Busan-dong without a driver’s license, with approximately 0.163% alcohol level.

Accordingly, the Defendant, even though he had the power of driving at least twice under the influence of alcohol, once again driven the said vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Registers of driver's licenses and details of revocation thereof;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (Attachment to the same type of force), and application of Acts and subordinate statutes of two copies of summary order;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting an offense (to be punished by imprisonment with labor);

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

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

1. Although the defendant's reasons for sentencing under Article 62-2 of the Criminal Act of the community service order are not less than those of drinking and driving without a license even though he/she had been sentenced to a fine for driving under the influence of alcohol three times, he/she would not drive under the influence of alcohol again after the case;

The sentence as ordered shall be determined by comprehensively taking into account the following factors: the defendant's age, occupation, sex, family relation, living environment, circumstances leading to the crime, and circumstances after the crime, etc., and the execution of the sentence shall be suspended and community service shall be ordered.