A defendant shall be punished by imprisonment for not less than nine 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 June 5, 2015, the Defendant was sentenced to a summary order of a fine of one million won for a crime of violating road traffic law in the Gwangju District Court's net support on June 5, 2015. On July 26, 2017, the Defendant was sentenced to imprisonment for four months and a suspended sentence of one year for a crime of violating road traffic law in the Gwangju District Court's net support.

On July 18, 2018, the Defendant driven Dunst Motor Vehicle under the influence of alcohol of about 0.138% in alcohol while under the influence of alcohol without obtaining a driver’s license in a section of about 300 meters from the vicinity of the Simsan-gun, Simpo-gun, Simpo-gun, Simpo-si, Simpo-si to the Simpo-si, Simpo-si, Simpo-si.

Accordingly, the Defendant, who violated the duty of prohibition on 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. E statements;

1. The actual investigation report on traffic accidents;

1. A copy of a statement made under the circumstances of a driver driving a drinking and a report made on the results of regulating drinking;

1. Interpellation into the ledger of driver's licenses of motor vehicles and the grounds for disqualification of the main office;

1. Evidence and photographs of the traffic accident scene;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, Gwangju District Court's Netcheon Branch 2015, Gwangju District Court's 815, Gwangju District Court's Netcheon Branch 2017 High Court's 4911;

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 imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The defendant committed the instant crime for the reason of sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act with three previous drivers of drinking alcohol (one time of driving without a license) (one time of driving) and separate driving records, and the defendant committed the instant crime during the suspension period of execution due to drinking alcohol, and the defendant committed the instant crime.