A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Punishment of the crime

[criminal history] On July 26, 2013, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Gwangju District Court on July 26, 2013, and a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Gwangju District Court on September 11, 2015, and on May 25, 2017, the Defendant was sentenced to a suspended sentence of KRW 6 months for a crime of violation of the Road Traffic Act at the Gwangju District Court on May 25, 2017 and became final and conclusive on June 2, 2017.

[2] On May 18, 2018, the Defendant driven a rocketing car under the influence of alcohol leveling 0.135%, without obtaining a driver’s license, from the roads near the trade name in the Songdong-dong of Gwangju Mine-gu to the front roads in the bankruptcy dong of Gwangju Mine-gu, and without obtaining a driver’s license.

As a result, the Defendant was punished for not less than twice due to drinking, but was under the influence of alcohol without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking and notification of the results of crackdown on drinking driving;

1. The driver's license ledger;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, summary order, and application of the text of the judgment;

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. As stated in the record of the crime in the reasoning of sentencing for sentencing under Articles 53 and 55(1)3 of the Criminal Act, the Defendant had been punished three times even before the instant crime was committed, and the interval between each of the penalty records is also long.

In addition, the defendant, even though he was under the priority of suspended sentence due to drinking, was driving a motor vehicle under the influence of drinking without acquiring the driver's license at the same time during the suspension period.

The crime of this case is good.