A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On September 30, 2013, the Defendant was sentenced to a fine of KRW 4 million, and KRW 5 million,000,000,000 as a fine for the same crime in the same court on December 8, 2017, as a crime of violating the Road Traffic Act (driving) in the Busan District Court’s Branch Branch Branch of the Incheon District Court.

Nevertheless, on March 1, 2018, around 02:59, the Defendant driven a BN-si car without a driver’s license from around 7km to the road of the 1518 Mapo-si Kimpo-si, Kimpo-si, Kimpo-si, around 02:59 to the 1518 Mapo-si, while under the influence of alcohol concentration of 0.189%.

Therefore, even though the defendant was punished twice or more due to drinking driving, he again driven a vehicle without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Arrest report on the occurrence of the case, report on the situation of the driver taking the driving, and notification of the result of regulating drinking;

1. The driver's license ledger and the driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and investigation report [Attachment of summary order of the same kind of crime] applying Acts and subordinate statutes;

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

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

1. An order to attend a lecture or an order to attend a community service order under Article 62-2 of the Criminal Act: A serious punishment is required in light of the risk of drinking driving, and the driving of the instant case without a license is considerably high by 0.189%, which is favorable to the fact that there are two times the records of punishment of fines due to the same crime: The fact that the driving of the instant case does not cause a traffic accident while driving the instant case, and the records and changes are shown in the motive and background of the crime, means of the crime, driving distance, and the circumstances after the crime.