A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[criminal history] On September 14, 2002, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act at the Daegu District Court on September 14, 201; on August 19, 2010, the Defendant was sentenced to a fine of 5 million won for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (e.g., an escapeing vehicle) and a violation of the Road Traffic Act (e.g., drinking), and on September 7, 201, the Defendant was sentenced to a fine of 5 million won for a violation of the Road Traffic Act at the Daegu District Court on September 15, 201; and on June 15, 2017, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act (drinking) at the same court on June 23, 2017.

[2] On February 5, 2018, the Defendant, while under the influence of alcohol 0.131% during blood transfusion around 21:00, driven a Crocketing car from approximately 500 meters away from the front road of tin-gu in the Daegu Water Zone without a driver’s license to the front road of 532-36.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. A survey report on actual conditions;

1. Previous convictions indicated in the judgment: Application of a reply to inquiry, such as criminal history, investigation report (the same type of crime and the crime committed during the period of suspended execution, etc.);

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount is not only the fact that the defendant has already been punished several times for the same kind of crime, but also the same crime is particularly the same.