A defendant shall be punished by imprisonment for not less than nine 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 November 3, 2009, the Defendant received a summary order of KRW 3,000,000 from the Gwangju District Court to a fine for a violation of the Road Traffic Act (drinking) due to a violation of the Road Traffic Act, and on July 8, 2015, a fine of KRW 5,000,000 was imposed by the Gwangju District Court to a fine for a violation of the Road Traffic Act (drinking).

On April 6, 2017, the Defendant, with the cancellation of the driver’s license on July 20, 2005 around 20:5, driving a motor vehicle, without the driver’s license, which used approximately approximately 200 meters in Bland from the front side of the piracy cafeteria located in Goung-gun, Goung-gun to the front road of the same Eup while under the influence of alcohol content of 0.105% during blood.

As a result, the Defendant violated the prohibition of drinking without a driver’s license on two occasions, and drives a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The driver's license ledger;

1. Previous convictions: References to inquiries, such as criminal history, inquiries about the results of crackdown on drinking driving, and application of Acts and subordinate statutes in Part IV of summary order;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Unfavorable circumstances such as: (a) the Defendant’s previous conviction for the sentencing of Article 62-2(1) and (2) of the Criminal Act; (b) the main sentence of Article 59 of the Act on the Observation, etc. of Protection, Community Service and Order to Attend Education; and (c) the fact that the Defendant had a previous conviction for driving under the influence of alcohol three times (two times of the previous conviction is applicable to the crime of violating the Traffic Act (unlicensed Driving)); and (d) the Defendant committed the instant crime.