A defendant shall be punished by imprisonment for one year.

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 October 19, 2007, the Defendant was notified of a summary order of a fine of 1.5 million won for a crime of violating the Road Traffic Act at the Daejeon District Court. On November 26, 2012, the Defendant was notified of a summary order of a fine of 5 million won for a crime of violating the Road Traffic Act. On July 1, 2014, the Defendant was sentenced to a suspended sentence of 10 months for a crime of violating the Road Traffic Act.

Criminal facts

On July 31, 2017, the Defendant driven a B Poter under the influence of alcohol content of about 400 meters from the front of an apartment to the front road of Daejeon Dong-dong located in the same Gu-dong-dong-dong-dong-dong-dong, without obtaining a driver's license, on a section of about 400 meters from the front of the apartment to the road of Daejeon Dong-dong-dong-dong-dong.

As a result, the defendant, who violated the prohibition on drinking at least twice, was driving again without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of criminal history in the same paper) statute;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation: The fact that driving of drinking is subject to four times due to the influence of alcohol, the fact that there has been a previous conviction punished twice due to driving without a license, and the circumstance favorable to the fact that driving of drinking is high: The fact that it