A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On October 28, 2011, the Defendant was issued a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Daegu District Court on the following grounds: (a) on April 10, 201, the Defendant was issued a summary order of KRW 3 million by a fine for a violation of the Road Traffic Act at the Daegu District Court on the grounds of a violation of the Road Traffic Act; (b) on June 19, 2014, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act at the Daegu District Court on the grounds of a violation of the Road Traffic Act; and (c) on October 13, 2016, the Defendant was sentenced to a suspended sentence of two months for a violation of the Road Act at the Daegu District Court on the grounds of a violation of the Road Traffic Act (drinking) and was sentenced to six months of imprisonment for a violation of the Road Act at the Daegu District Court on February 28, 2017.

On May 10, 2018, the Defendant driven a C two-wheeled vehicle under the influence of alcohol content of 0.140%, without obtaining a driver’s license from the front day of the folklore in the Yacheon-si, Sincheon-si to the front day of the same Sindo-dong, from around 500 meters away from the day of the same Sindo-dong.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. The driver's license ledger;

1. Previous convictions in judgment: References to criminal history, investigation reports (verification of the same criminal records as the suspect), and application of Acts and subordinate statutes on personal confinement;

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The Defendant committed the instant crime without being aware of the period of repeated crime for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act to mitigate the amount of punishment, and the Defendant is deemed to have committed the instant crime in the same manner.