A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On September 25, 2013, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Seogu District Court Branch on September 25, 2013, and was sentenced to a fine of KRW 5 million from the Daegu District Court on September 26, 2017.

On March 2, 2018, at around 19:48, the Defendant driven a motor vehicle with D highest level under the influence of alcohol level of 0.219%, without a driver’s license, from a section of approximately 100 meters from the front of a cafeteria located in the ledger of the front side of the Seongbuk-gu, Seongbuk-gu, Gyeongnam-gun to the front of the “Cdak” road located in B.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol again.

Summary of Evidence

1. A statement in court and a statement in E of the defendant;

1. Response to the request for appraisal, and report on the detection of the driver;

1. The ledger of driver's licenses;

1. Records before judgment: Criminal records, repeated statements, and application of each summary order Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the crime of this case at the same time despite the fact that the defendant had already been punished by a fine due to drinking driving or driving without a license for four times. Meanwhile, the defendant is against the defendant at the time of committing the crime of this case, there is no record of the punishment exceeding the fine, and all other circumstances, including the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and consequence, etc., which are the conditions for sentencing as shown in the argument of this case, including the circumstances after the crime.