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

Punishment of the crime

On December 19, 2008, the Defendant was sentenced to a suspended sentence of 7 months for a crime of violating the Road Traffic Act at the wooden Branch of the Gwangju District Court, and two years for a suspended sentence of 8 months for a crime of violating the Road Traffic Act.

On August 11, 2017, the Defendant driven D Poter II cargo vehicles from around 300 meters away from the front side of the instant day to the front side of the 770 White Dok-ro, Eup/Myeon, with alcohol content of 0.141% under the influence of alcohol during blood without obtaining a driver’s license for a motor vehicle on August 21, 2017.

Accordingly, the defendant, who has driven a motor vehicle 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. Notification of the results of regulating driving of alcohol, the ledger of driver's licenses, investigation reports (the same type of previous conviction, judgment, etc.), application of Acts and subordinate statutes regarding criminal history;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. In light of favorable circumstances, such as the fact that the Defendant recognized the instant crime and reflects on the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act, and that the Defendant supported his/her family, the Defendant again committed the instant crime even though he/she had been punished several times, including the suspension of the execution of imprisonment due to the same kind of crime, and the fact that alcohol concentration in the blood at the time of the said crime reaches a considerable amount of alcohol, etc., respectively.