A defendant shall be punished by imprisonment for six 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 July 7, 2008, the Defendant was issued a summary order of KRW 500,000 by the Jeonju District Court for a crime of violation of the Road Traffic Act, and on July 27, 2015, the Defendant was issued a summary order of KRW 1 million by the same court as a fine for the same crime.

On December 12, 2018, the Defendant, without obtaining a driver’s license at around 21:15, driven E-Ad vehicle from the Do in front of the C Hospital located in the Yansan-gu, Jeonju-si, Seoul, to the front road of the building in front of the same Gu, while under the influence of alcohol at least 0.072% of alcohol level, without obtaining a driver’s license.

As a result, the Defendant, who violated the prohibition regulations on drunk driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the prohibition regulations on drunk driving, while driving a motor vehicle without obtaining a driver license.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Reports on internal accidents (related to suspect mark);

1. Registers of driver's licenses;

1. Previous records before ruling: Application of criminal records, inquiry reports, and copies of summary orders, five copies of the relevant 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 of Article 62-2 of the Criminal Act on probation, community service and order to attend a lecture has the record of being sentenced to four times a fine due to drinking driving from 2002 to 2015, and of being sentenced to a fine for one time a licenseless driving.

Nevertheless, the crime of driving without a license in this case should be criticized.

However, the fact that the defendant does not commit a second offense, that does not cause a traffic accident, and that exceeds the fine.