A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On August 12, 2016, the Defendant was sentenced to a suspended sentence of two years for a crime of violating road traffic laws at the Daejeon District Court on August 12, 2016. On August 20, 2016, the above judgment became final and conclusive on August 20, 2016. On December 3, 2015, the same court issued a summary order of KRW 4 million for the same crime and KRW 3 million for the same crime at the same court on March 5, 2013, respectively.

Criminal facts

On March 28, 2017, the Defendant, without obtaining a driver’s license at around 01:10, driven a motor vehicle with a maximum alcohol content of 0.096% in blood, and driven a motor vehicle with a maximum amount of 50 meters high from the one heading from the other heading frighton in the Daejeon East-gu, Daejeon-gu, to the other heading area of the same Dong.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol twice, driven a motor vehicle without obtaining a driver's license in the state of under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report attached to the same kind of power);

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. Circumstances unfavorable to the reasons for imposing selective sentence of imprisonment: The decision to sentence that confessions and reflects the fact that not only three times the criminal history of drinking driving, two times the criminal history of unauthorized driving, but also two times the criminal history of the same crime committed again during the period of suspension of execution: The decision to sentence that such confessions and reflects the aforementioned circumstances: The number of sentencing conditions shown in the arguments in the instant case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, shall be taken into account;