A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The defendant, at the Changwon District Court on August 4, 2008, was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act (drinking driving), and a fine of 2.5 million won for a crime of violating the Road Traffic Act (drinking driving), respectively, at the same court on June 21, 2010. On June 22, 2017, the defendant was sentenced to a suspended sentence of 6 months for a crime of violating the Road Traffic Act (drinking driving), and on June 30, 2017, the judgment became final and conclusive on June 30, 2017.

On July 2, 2017, the Defendant: (a) around 21:50, the Defendant driven C Poter truck under the influence of alcohol concentration of at least 0.095% while under the influence of alcohol without obtaining a driver’s license from approximately 100 meters from the front of the restaurant to the front of the restaurant with the appearance cafeteria, which is located in the same Ri.

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. Statement and investigation report on the circumstances of the driver at the home and report on the situation of the driver at home;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

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. Although the defendant was sentenced to a suspended sentence of imprisonment with prison labor for the first head as stated in the judgment that repeatedly committed the crime of drinking driving for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below), the crime of this case was committed more than 10 days from the date of the sentence, and the amount of alcohol concentration among the blood of the defendant at the time.