A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[criminal history] On January 17, 2007, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of road traffic law (drinking driving) at the Daejeon District Court, and on June 24, 2008, issued a summary order of KRW 3 million for the same crime at the same court.

[2] On August 4, 2018, at around 19:55, the Defendant driven a D rocketing car under the influence of alcohol concentration of about 0.134% without obtaining a driver’s license from the front of a mutually influent restaurant in the city of the special autonomy of Sejong to the front of the C complex in the Gongju-si, Gongju-si.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on driving a motor vehicle and the driver's license register;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (in the absence of judgment due to a suspect's previous conviction, two times before driving of drinking, driving of separate drinking, etc.);

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

1. The reason for sentencing selective sentence of imprisonment with prison labor is that the blood alcohol concentration at the time of committing the crime is high;

Even if the defendant excludes a prior high-priced case, he had the record of punishment for drinking alcohol driving more than two times, and the alcohol concentration in blood during the past crime was considerably high.

On April 30, 2018, the Defendant used the previous vehicle at the time of the crime to drive a drinking or without a license even though the investigation was conducted with respect to a traffic accident during driving under the influence of alcohol.

It is difficult to find out the possibility of the defendant's awareness of compliance, warning, and edification.

A fine or imprisonment;