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 December 28, 2007, the Defendant received a summary order of KRW 700,000 from the Suwon District Court to a fine of KRW 1,500,000 as a crime of violation of the Road Traffic Act, on January 18, 2012, a summary order of KRW 1,50,000 as a fine of violation of the Road Traffic Act (driving) from the Suwon District Court, and on May 20, 2015, a summary order of KRW 5 million was issued from the Suwon District Court to a crime of violation of the Road Traffic Act.

Although the Defendant had a criminal record of driving under the influence of alcohol more than twice, on August 4, 2015, the Defendant again driven a BFD car without obtaining a driver’s license, in approximately 10km section from the roads of the BF on August 4, 2015 to the front road of the training intersection located in the Ansan-si in the Ansan-si.

Accordingly, the Defendant, without obtaining a driver's license, driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Blood alcohol appraisal report and the register of driver's licenses for automobiles;

1. Records before judgment: Application of inquiries about criminal records, etc. and a copy of each summary order;

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;

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

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

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the defendant, for the reason of sentencing in Article 62-2 of the Criminal Act of the Probation and Order to Attend, has three times the history of punishment for the same kind of drinking driving without a license in a considerable state of drinking, the crime liability is unfortunate, but the defendant would recognize the facts charged in the case, reflect his mistake, and not repeat the case.