A defendant shall be punished by imprisonment with prison labor for not more than ten 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 October 30, 2014, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Gwangju District Court, and on September 12, 2016, the above court received a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving), but on February 9, 2018, the Defendant driven a vehicle B K5 without obtaining a driver’s license for a vehicle from approximately 2 km to about 527 km-ro, Gwangju-gu, Seo-gu, Seo-gu, Seo-gu, Gwangju, to the end of 527 meters from the 1st day of the road in the 2km-gu, Seo-gu, Gwangju.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiries about criminal history and the application of two-yearly Acts and subordinate statutes to summary orders;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, the Defendant, while drinking alcohol, was driving a motor vehicle without a driver’s license, even though his/her driver’s license was revoked due to his/her drinking.

Considering the Defendant’s power punished for drinking driving and the interval between the instant crime after being punished for the last drinking driving, it is necessary to select and punish imprisonment at this time.

In addition, in consideration of the degree of alcohol in blood, the distance and place of driving without a license for drinking, the circumstances leading up to driving without a license for drinking, the defendant's age, sex, environment, circumstances after the crime, etc., the punishment as ordered shall be determined.