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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 29, 2009, the Defendant was issued a summary order of one million won as a crime of violating the Road Traffic Act in the Jeonju District Court's Jeonju branch court's support on September 29, 2009, and on November 20, 2009, the same court was issued a summary order of 2.5 million won as a crime of violating the Road Traffic Act, and on December 26, 2012, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution.

On June 17, 2015, at around 01:59, the Defendant driven a C rocketing car under the influence of alcohol with 0.197% alcohol concentration, without obtaining a driver’s license, from around 9km to the front and rear door of the same time at the same time, from the Matri-dong located in the Suwon-si, Chungcheongnam-do, Jeollabuk-do, Jeollabuk-do.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver and report on the circumstances of the driver’s license;

1. Reporting the results of crackdown on drinking driving, and notification of the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Criminal records, and other inquiries, inquiry, and application of Acts and subordinate statutes to reports on criminal records;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act on probation and order to attend the course of the Criminal Act is based on the fact that the defendant, for reasons of sentencing, drives a motor vehicle without a license in a state of considerable drinking, even though there are several times the records of punishment for the same kind of drinking driving, so that the crime is not punishable.