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 January 16, 2015, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Daegu District Court on the same day, and on August 31, 2016, the Defendant was driving under drinking two or more times by having the same court issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act.

On October 26, 2017, the Defendant driven the said car under the influence of alcohol content of 0.061% without a driver’s license, from the front of the Dobong-dong, Daegu-gu, Daegu-gu, to the front day of the withdrawal of approximately 3km-ro 31 Young-ro, Seoul-ro, Seoul-ro, the 3km-ro, Seoul-ro, to the front day of the departure of the 31 Young-gu, Seoul-ro, the Defendant driven the said car without a driver’s license.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. The driver's license ledger and investigation report (in case of the numerical value of the suspect at the time of the accident, the numerical value);

1. Previous conviction: Application of a written inquiry about criminal history and other Acts and subordinate statutes;

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 sentencing of Article 62-2 of the Criminal Act, based on the records, such as the protection and observation, the fact that the accused has been punished twice due to the violation of road traffic law, the fact that the accused has caused traffic accidents during the instant crime, the fact that the accused has no criminal record exceeding the fine, the fact that the accused has no criminal record beyond the fine, and the sentencing conditions indicated in the records, such as the age, sexual behavior, environment, motive and circumstances after the commission of the crime, etc., shall be determined as the sentence as ordered.