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

Punishment of the crime

On April 18, 2016, the Defendant was issued a summary order of KRW 2 million for a violation of the Road Traffic Act in the Gwangju District Court's net support on April 18, 2016, and a summary order of KRW 4 million for a fine of KRW 1 million for a violation of the Road Traffic Act in the Gwangju District Court's net support on November 2, 2017.

On May 7, 2019, at around 21:35, the Defendant driven a F rocketing car under the influence of alcohol concentration of 0.228% without obtaining a driver’s license from around 500 meters from the front of C, which is located in D, to the front of E, which is located in D at the time of leisure.

Accordingly, the defendant, who violated the prohibition of drinking driving twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of inquiries, a copy of each summary order, and the Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the criminal records of the defendant (in particular, the defendant committed each of the crimes of this case within a relatively short period of time after he was punished for previous drunk driving, and the defendant was also subject to the control immediately before the crime of this case). The degree of the defendant's blood alcohol concentration at the time of driving of this case, the degree of the defendant's blood alcohol concentration, the reason for regulating each of the crimes of this case, the driving distance of the defendant, the defendant's reflectness, and family relation, shall be determined by comprehensively taking account of various sentencing conditions specified in the records and arguments of this case.

It is so decided as per Disposition for the above reasons.