A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On July 12, 2016, the Defendant received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), and on June 8, 2017, the same court issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving).

[Criminal facts] On March 10, 2018, the Defendant driven CMW vehicle without a driver’s license in the section of approximately 1.3 km of Seoul Gwanak-gu, Seoul Special Metropolitan City from the 176-ro Southern-ro 12-ro, Southern-gu, Seoul Special Metropolitan City, to the front two-way roads, while under the influence of alcohol content of 0.10% during blood transfusion around 05:00.

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

Summary of Evidence

1. Defendant’s legal statement

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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 for the same type of crime during the period of selective suspension of execution;

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