A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On February 13, 2012, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Daejeon District Court on February 13, 2012; on June 25, 2012, the Daegu District Court issued a summary order of KRW 4 million for the same crime; on May 9, 2016, the Defendant was issued a summary order of KRW 7 million for the same crime at the Daejeon District Court on May 9, 2016; on March 30, 2017, the Defendant was sentenced to the suspension of the execution of imprisonment of KRW 10 million for the same crime at the same court on August 18, 2017, and the said sentence became final and conclusive on August 18, 2017.

On October 14, 2017, the Defendant driven B SP car under the influence of alcohol content of about 0.156% while under the influence of alcohol without obtaining a driver’s license from the section of about 100 meters from the roads located in the middle-gu Daejeon registry to the roads located in 262-ro 267, the same as that of the same Gu.

Accordingly, the Defendant, who violated the prohibition of drinking under the Road Traffic Act not less than 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. A written inquiry about the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;

1. A written inquiry into the ledger of driver's licenses;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a copy of judgment of the same kind as the suspect);

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in the crimes of traffic Acts with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2007Da11448, Apr. 1, 201) is against the Defendant’s disadvantage.

However, the defendant is punished four times due to drinking.