A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On December 12, 2013, the Defendant was issued a summary order of a fine of four million won for a crime of violating the Road Traffic Act at the Daejeon District Court on the grounds of a violation of the Road Traffic Act. On January 21, 2016, the Defendant was issued a summary order of seven million won for a crime of violating the Road Traffic Act by the same court on the grounds of a violation of the Road Traffic Act. On June 9, 2016, the same court was sentenced to one year of imprisonment and two years of suspension of execution and became final and conclusive on June 17, 2016.

Criminal facts

On January 15, 2017, the Defendant driven C-knova vehicle under the influence of alcohol content of 0.149% while under the influence of alcohol without obtaining a driver’s license from approximately 500 meters from the front of the trade infinite in the Seo-gu, Seo-gu, Seo-gu, Seoul, around January 15, 2017 to the front of the ten-year class street in the same Dong.

As a result, the defendant, who violated the prohibition on drinking at least twice, was driving again without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. An explanatory note;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (report on the confirmation of criminal history of the suspect A recent same kind of crime);

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. Circumstances unfavorable to the reasons for imposing selective sentence of imprisonment: Determination of the sentence that leads to the confession and reflect of the crime committed during the period of suspension of the same crime as drinking driving, as well as four times the history of the crime committed under the same crime: Determination of the sentence that leads to the confession and reflect of the aforementioned circumstances: Other various sentencing conditions shown in the arguments of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc.;