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

Punishment of the crime

On December 18, 2015, the Defendant was sentenced to a summary order of KRW 4 million for a crime of violating road traffic law in the official support of the Daejeon District Court on December 18, 2015, and on February 3, 2017, the Defendant was sentenced to a suspended sentence of KRW 2 years for a crime of violating road traffic law in the same court on February 11, 2017 and the judgment became final and conclusive on February 11, 2017.

On June 28, 2017, around 02:50, the Defendant driven C rocketing car under the influence of alcohol content 0.195% without obtaining a driver’s license from the front of the Defendant’s residence in Gongju-si, Seo-gu, Daejeon to the roads of about 40km 545-11, Seo-gu, Daejeon.

As a result, the defendant, who violated the prohibition on drinking at least twice, was driving again without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Two copies of the judgment and one summary order; and

1. Entry into the ledger of driver's licenses;

1. Application of Acts and subordinate statutes stating the notification of the result of regulating drinking driving;

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. Considerations on the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity, alcohol concentration in the blood of this case, crime during the suspension period of the execution of the same kind of crime, and continuous drinking driving, etc.