A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of two years for a violation of road traffic law in the Daejeon District Court on May 27, 2009, and was sentenced to a fine of two million won for the same crime in the official support of the Daejeon District Court on January 20, 2012. On September 23, 2016, the Defendant was sentenced to a suspended sentence of two years for six months for the same crime in the official support of the Daejeon District Court on September 23, 2016 and was sentenced to a suspended sentence of two years for the same crime on October 1, 2016. The said judgment became final and conclusive, and is currently under the suspended sentence, and is a person who violated the prohibition of drinking driving regulations at least twice.

[2] On May 5, 2017, the Defendant driven a DNA-si car without obtaining a driver’s license in the state of alcohol alcohol concentration of 0.148%, from the new Dong-dong apartment parking lot located in Taedong-dong, Daejeon Daejeon, to the roads located in the same Jung-gu, Jungdong-gu to the middle-ri district located in the same Gu.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act not less than twice, and drives a motor vehicle without a driver's license in violation of this Act.

Summary of Evidence

1. The defendant's legal statement; 1. Inquiry into the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;

1. The driver's license ledger;

1. Previous records of judgment; results of inquiry; application of Acts and subordinate statutes to investigation reports (Attachment to judgments, etc. on the past records of the same type 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. Selection of alternative imprisonment with prison labor (the following extenuating circumstances out of the grounds for sentencing shall be considered):

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) include three times or three times of suspended sentence due to drinking driving during the period from 2009 to 2016, and one time of fine, etc., and the crime of this case is also under suspended sentence for the same kind of crime.