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

[criminal history] On May 26, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Busan District Court on May 26, 2008, a fine of KRW 1.5 million for a violation of the Road Traffic Act (dacting driving) at the same court on December 9, 2009, and a fine of KRW 9 million for a violation of the Road Traffic Act (dacting driving) at the same court on August 11, 2014.

[2] On February 24, 2018, at around 01:40, the Defendant driven BM5 vehicle volume under the influence of alcohol by 0.132% while under the influence of alcohol, without obtaining a driver’s license from the section of approximately 200 meters from the Mabur parking lot to the road in front of the long-term care hospital located in the same Dong around that time.

As a result, the Defendant violated the prohibition on drinking at least twice, and drives a motor vehicle without obtaining a driver's license in a drunken state 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. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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. 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 reason for sentencing under Article 62-2 of the Criminal Act, the Defendant already committed a second offense without being aware of the history of having been punished five times due to drinking driving.

The degree of undertoxicatedness is not somewhat weak.

At once, even though a license was revoked due to drinking driving in the past, there was a history of being punished four times due to driving without a license, and one year has not passed since it was punished by a license without a license.

However, the defendant reflects his fault in depth.