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

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

Punishment of the crime

1. The Defendant, on October 10, 2007, received a summary order of KRW 5 million from the Jeonju District Court to a fine of KRW 1 million due to a crime of violating road traffic laws (drinking), and on January 23, 2018, issued a summary order of KRW 3 million for the same crime in the same court.

2. On January 18, 2018, the Defendant, without a driver’s license, driven a car in B column B from around about 300 meters from the front of the convenience store in the front of the front right-hand forest located in the front right-hand lacing lacing 0.064% alcohol level in the blood alcohol level without a driver’s license, to the front right-hand lacing road of approximately 300 meters in the front right-hand lacing lacing lacing.

Accordingly, the defendant driving a motor vehicle without obtaining a driver's license, while driving a motor vehicle at the same time, who violated the prohibition of drinking at least twice, and driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and of the same Act and subordinate statutes confirming the same history;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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

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 Defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act, once again driven a drinking alcohol while his/her license was revoked due to drinking driving, despite the fact that he/she had been punished twice due to drinking driving.

However, the punishment as ordered shall be determined by comprehensively taking account of the fact that the defendant does not longer repeat the crime, the fact that there is no record of crime exceeding the fine, the age, circumstances of the defendant, and circumstances after the crime, etc.