A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On February 4, 2008, the Defendant received a summary order of KRW 3 million due to a violation of the Road Traffic Act (drinking driving), etc. at the Seo-gu District Court Branch Branch of the Daegu District Court, and on September 15, 2017, the Defendant received a summary order of KRW 4 million due to a violation of the Road Traffic Act (drinking driving).

On June 29, 2018, the Defendant, while under the influence of alcohol of 0.180% from blood alcohol during the influence of around 05:59, the Defendant driven a balk-line cargo vehicle from approximately 100 meters to the front of the 100-stop convenience store at the same time, from the front of the 103-53 gold-line apartment, the old and the old salk-line mack, which is located in 103-53, with the intention of inspection.

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. C’s statement;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, and application of Acts and subordinate statutes of two copies of summary orders;

1. Relevant legal provisions concerning criminal facts;

(a) Drinking: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act;

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

1. Selection of imprisonment with prison labor as a matter of choice (such consideration as the previous record of drinking, the degree of alcohol concentration in the blood and the height of drinking in the vehicle, etc.);

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Quantity (i.e., that there is no previous conviction exceeding a fine due to drinking, and that the first driving of drinking is prior to 10 years, although the third driving of drinking is made, and that the first driving of drinking is prior to 10 years);

1. The main sentence of Article 62 (1) of the Criminal Act (the same as the grounds for mitigation of the amount of punishment);

1. Article 62-2 (1) of the Criminal Act concerning community service and order to attend lectures;