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

Punishment of the crime

[criminal history] On October 14, 2016, the Defendant was sentenced to imprisonment for six months with labor for a violation of road traffic law in the Gunsan Branch of the Jeonju District Court on the grounds of a violation of the Road Traffic Act, etc., and the judgment became final and conclusive on October 22, 2016, and is currently under suspension of execution. On September 4, 2015, the Defendant was issued a summary order of KRW 4 million with the same crime by the same court.

[Criminal facts] On April 28, 2018, the Defendant driven a Frane car under the influence of alcohol content of 0.169% while under the influence of alcohol without obtaining a driver’s license from around D in the front of C, around 20:45, around 2018, to the roads adjacent to E apartment in the same city, and without obtaining a driver’s license.

Accordingly, the defendant was punished not less than twice due to drinking driving, and driving a motor vehicle again under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions: Inquiries about the results of crackdown on driving alcohol, inquiry about criminal history, and application of Acts and subordinate statutes to make a report on investigation (verification of suspect driving experience and period of suspension of execution);

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 defendant reflects the crime and has family members who need support for the defendant, but the defendant has been subject to a fine twice due to driving under the influence of alcohol, a person subject to a suspended sentence of imprisonment for one time due to driving under the influence of alcohol before being sentenced to a suspended sentence on or around October 2016, and in particular, the driving under the influence of alcohol in this case during the suspended sentence period; the amount of alcohol concentration in the blood of this case is high; the defendant's age, sexual behavior, and criminal records, etc.);