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 May 9, 2014, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court racing support, and on April 15, 2016, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the same court.

On February 3, 2018, the Defendant driven a B-learning car without obtaining a driver's license from approximately 50 meters section of alcohol concentration of 0.163% in blood to the front road of the Greenwon located in the same Eup 43-2, which was located in the front of the city of Ansan-gu, Chungcheongnam-gu, Seoul, the Defendant, at around 14:25, in a state of under the influence of alcohol content of 0.163% in blood.

As a result, the Defendant, who violated the prohibition on drinking under the Road Traffic Act not less than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol in violation of the prohibition on driving under the above alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. The ledger of driver's licenses and the register of teas;

1. Notice of the result of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (formers and confirmation reports);

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

1. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.

Unfavorable circumstances: The Defendant had been punished several times due to driving of drinking, but was driving under the influence of drinking without a license.

The favorable circumstances: all facts constituting a crime.