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

Punishment of the crime

[criminal history] On September 21, 2006, the Defendant was sentenced to a summary order of a fine of three million won for a violation of road traffic law (drinking driving), etc. at the Daegu District Court on March 13, 2015, and was sentenced to a summary order of eight million won for a violation of road traffic law (drinking driving) at the Daegu District Court on March 13, 2015, and on April 7, 2016, the Defendant was sentenced to a suspended sentence of two years for a suspension of execution for eight months due to a violation of road traffic law (drinking driving) at the Daegu District Court on April 15, 2016.

[2] On May 17, 2016, the Defendant driven D closts car at the 1km section from the front of the Sejong Village in the Yyang-si Sayang-si Sayang-si to the 511st road near the Yancheon-si, in the state of alcohol leveling 0.073% of alcohol level during blood without obtaining a driver’s license on May 17, 2016.

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 driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

1. Article 148-1 (1) 1, Article 44-4 (1) of the Traffic Act concerning facts constituting an offense, and Articles 152-1 and 43 of the Road Traffic Act (non-licensed driving)

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

1. Selection of imprisonment with prison labor chosen;

1. The rationale for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount is that the defendant confessions, reflects, supports his/her family, and sells his/her operated vehicle, etc. are favorable circumstances.

However, the defendant, who was sentenced to suspended execution due to the same crime, once again drive the same vehicle with the same vehicle for the same month, and several times for the same crime.