A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[criminal history] On April 9, 2015, the Defendant was sentenced to a fine of three million won for a crime of violating road traffic law in the public support of the Daejeon District Court on April 9, 2015, and two years of suspended execution for August 23, 2015 for the same crime in the same court.

[Criminal facts] On August 2, 2018, the Defendant driven a Fpoter two cargo vehicles under the influence of alcohol leveling 0.116% without obtaining a driver’s license from the front of C High School located in C High School in D apartment E-dong in the same city to the same Si-si parking lot.

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. An explanatory note;

1. Notification of the ledger of driver's licenses and the results of regulating drinking driving;

1. Previous convictions in judgment: Application of the provisions of Part IV Acts and subordinate statutes, such as a reply to inquiries, such as criminal history, and a copy of the text of the judgment (so-called "public assistance"), 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. The reason for sentencing of alternative sentence of imprisonment is that the blood alcohol concentration at the time of committing the crime is significantly high.

The Defendant has the history of punishing the four-time drinking driving and the one-time non-licensed driving, and both alcohol concentration at the time of drinking driving in the past exceeded 0.1%, and it has been proved by himself that there is no possibility of edification, such as drinking and non-licensed driving in March 2015, even though drinking is discovered in March 2015.

When the defendant has been subjected to repeated action, he/she again carried out drinking or non-licensed driving at the time of not more than one year from the date of probation and the period of probation.

The defendant's blood alcohol concentration at the time of committing the crime and the records of the same crime.