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

Punishment of the crime

On March 5, 2007, the Defendant was issued a summary order of KRW 2 million due to a violation of road traffic law in the Gwangju District Court's wooden branch, etc. On March 16, 2010, the Defendant was issued a summary order of KRW 2.5 million due to a violation of road traffic law in the same court on March 16, 2010, and on July 20, 2010, the Defendant was issued a summary order of KRW 3 million due to a violation of road traffic law (driving) in the same court on July 20, 201.

On November 28, 2017, at around 23:00, the Defendant driven a motor vehicle in the Eco-gu, under the influence of alcohol concentration of about 0.097% without obtaining a driver's license from approximately 3km section from the front side of the D cafeteria located in Sinpo City, Supo-si, Seoul, Seoul, the Republic of Korea, the Republic of Korea, around 23:00, to the front street of the D cafeteria in Sinpo-si.

As a result, the Defendant driving a motor vehicle without obtaining a driver's license, and at the same time, violated Article 44 (1) of the Road Traffic Act not less than twice, and drives a motor vehicle under the influence of alcohol in violation of Article 44 (1) of the Road Traffic Act.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Inquiries into the ledger of driver's licenses and the results of regulating drinking driving;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes on investigation reports (verification of the same type of force);

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. The reason for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to reduce the amount of punishment is that the accused has committed an offense, and the accused has not been driving a drinking or non-license again;

However, the defendant was sentenced to imprisonment with prison labor for 2 years as a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) and a crime of violation of Road Traffic Act (unlicensed Driving) on May 9, 2014, and 2 years of suspended execution for 8 months.