A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

[criminal power] On January 16, 2013, the Defendant was sentenced to a summary order of one million won for a crime of violating the Road Traffic Act in the Gwangju metropolitan District Court's support on October 30, 2014, and was sentenced to a summary order of three million won for the same crime from the same support on October 30, 2014. On December 23, 2014, the Defendant was sentenced to a suspended sentence of six months for the same crime from the same support on December 23, 2014, and the execution of the sentence was terminated by the Southern Prison on May 27, 2017.

【Criminal Facts】

On March 18, 2018, the Defendant, without obtaining a driver’s license on March 19:23, 2018, driven a Fpoter Ⅱ in a section of about 5km from the front side of C located in the Jeonnam-nam Navy B to the E neighboring road located in the same Gun, while under the influence of alcohol of 0.141%.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol more than twice, was driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, inquiry into the situation of a drinking driver, inquiry into the results of the crackdown on drinking driving, and notification of the results of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Criminal history records, investigation reports (verification of the date of release of a suspect), personal confinement status, investigation reports (Attachment to the same type of criminal records, summary orders, etc.), and summary orders (No. 1922) of the Gwangju District Act; 4. Application of Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The defendant has already been under the influence of alcohol driving three times, and is under the licenseless driving.