A defendant shall be punished by imprisonment for not less than eight 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 April 23, 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 (drinking) from the Jeonju District Court’s Gunsan Branch on April 23, 2009, and a summary order of KRW 2,50,000 as a fine for the same crime in the same court.

On September 18, 2016, around 22:55, the Defendant driven a B-wing truck with the alcohol concentration of about 0.110% while under the influence of alcohol without obtaining a driver’s license from the front side of the previous Sogsan apartment located in 14, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, Chungcheongnam-gu, Seoul, to the front side of the 1km-ro 13, the same as the previous used materials, from around 1km-ro 13, to the previous road of the Green church.

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. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (A) and Acts and subordinate statutes;

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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 Defendant for the reason of sentencing under Article 62-2 of the Criminal Act: (a) the Defendant was sentenced to a fine for a violation of road traffic laws, as stated in the facts constituting the crime in the judgment below; and (b) the Defendant again committed the instant crime under the same type of permission even though the same previous conviction was committed four times in total; and (c) the amount of alcohol concentration in blood at the time of driving alcohol of the instant case exceeds the license revocation level.