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 August 12, 2011, the Defendant received a fine of KRW 3 million as a crime of violation of the Road Traffic Act (driving) from the Chuncheon District Court on August 12, 201, and a fine of KRW 2.5 million as a crime of violation of the Road Traffic Act (driving) at the Seoul East District Court on July 26, 2013.

On September 16, 2014, at around 23:15, the Defendant driven a D low-priced car while under the influence of alcohol leveling 0.189% without obtaining a driver's license in front of 84-ho-dong-dong, Seocheon-si, Seocheon-si.

Accordingly, the defendant, who has driven a motor vehicle more than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of a motor vehicle;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records and other inquiries and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (not less than twice a drunk driving), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., reflectiveness, the fact that there is no criminal record of suspended execution or heavier punishment);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

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