A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On October 21, 2009, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a crime of violating the Road Traffic Act, and a summary order of KRW 4 million as a fine for a crime of violating the Road Traffic Act in the same court on June 10, 2016.

On August 6, 2017, the Defendant driven a B-wing and Ⅲ cargo vehicle under the influence of alcohol content of about 0.137% while under the influence of alcohol without obtaining a driver’s license in the section of about 1km from the front of the 502-dong-Jon-si to the front of the 502-dong-Jon Incheon Metropolitan City, Seocheon-gu, Seocheon-si, Seoul.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle without obtaining a driver's license in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to previous rulings) and statutes;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures are as follows: the Defendant is subject to criminal punishment for driving under drinking in 200, in addition to the previous conviction in the judgment.

In the end, the fourth drinking was the driver, and the driver was not a license.

When the previous detection was made, alcohol concentration was very high.

Moreover, it is difficult to punish a fine less narrowly.

However, the defendant is currently going against the current situation, and there is a problem in his/her occupation, but he/she is absolutely a licenseless driver and a drinking driver.