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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Criminal facts

On January 24, 2011, the Defendant issued a summary order of KRW 2,50,000,000 to a fine for a violation of the Road Traffic Act (Crime of Drinking) at the Changwon District Court, and on November 20, 2017, the above court issued a summary order of KRW 1 million for the same crime, respectively.

On December 25, 2017, at around 00:50, the Defendant driven a BM5 vehicle without obtaining a driver’s license in the direction of approximately 0.138% alcohol level in the 1km section, from the front side of the public restaurant in the Han-gu, Masan-si, Changwon-si, Masan-si, Masan-si to the front side of the public restaurant in the Republic of Korea, the five-lane, Han-gu, Masan-si, Masan-si, the Republic of Korea, at approximately 1km to the shower, located in the 18-lane North Korean 1

Therefore, even though the defendant was punished twice or more due to drinking, he again driven a motor vehicle without a driver's license while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver at the main driver, investigation report (report on the circumstances of the driver at the main driver), and report on the detection of the driver at the main driver;

1. The ledger of driver's licenses of motor vehicles;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification of the same criminal history);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Order to Attend the Republic of Korea has already been punished by a fine for a violation of the Road Traffic Act on two occasions, and among which, in particular, the Defendant has not been educated even if he was punished for a violation of the Road Traffic Act before the month when the instant crime was committed, and again commits the same crime.