A defendant shall be punished by imprisonment for up to seven months.

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

Criminal facts

On November 23, 2009, the Defendant was issued a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law in the Jinwon District Court's Jinju branch, and on December 22, 2015, a fine of KRW 4,00,000 as a fine for the same crime, respectively.

On February 1, 2018, the Defendant driven CFD car while under the influence of alcohol content of 0.108% without obtaining a driver’s license from around 1km-gun of Gyeongnam-gun of Gyeongnam-do to about 1km-gun of Gyeongnam-gun of Gyeongnam-gun, the Defendant driven CFD car while under the influence of alcohol content of 0.108%, without obtaining a driver’s license, from around 19:50 around 19:50.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle without obtaining a driver's license in violation of the above provision.

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 (A);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (reports attached to the previous summary order of the suspect);

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 reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend Police Officers are as follows: (a) even though the Defendant had a record of being punished by a fine not less than four times due to drinking driving, the Defendant already committed each crime, namely, drinking and driving without a license.

Therefore, the defendant is sentenced to imprisonment because it is difficult to achieve the purpose of punishment any more.