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 October 10, 2014, the Defendant issued a summary order of a fine of KRW 1.5 million to a person who violated road traffic law (drinking driving) in the Jung-gu District Court Goyang branch on October 10, 201, and a fine of KRW 4 million in the same court on March 10, 2017, respectively.

Nevertheless, at around 23:54 on August 23, 2017, the Defendant driven a BH car without obtaining a driver's license from a section 200 meters of alcohol level from the front of the Veterans Center of Pakistan, which is located in the Geum-dong 771, Geum-dong, Geumju-si, 771 to the front of the Medidi Hospital located in the same 948-3.

Accordingly, the defendant, who violated the prohibition of drinking at least 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 into the circumstantial statement report of a driver driving, the driver's license register, and the results of regulating drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, was driving the third drinking alcohol since 2014 due to the instant crime, and was driving without a license at this time.

However, there are no criminal records of the same kind that the defendant is against and has been punished beyond the fine.

In addition, the punishment shall be determined as ordered in consideration of the motive of the crime, the distance of the vehicle, the circumstances after the crime, and all the sentencing conditions identified in the records and the trial process of this case.