A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 10, 2012, the Defendant received a summary order of a fine of four million won or more due to a violation of road traffic laws in the Jeonju District Court’s Gunsan Branch, and on April 5, 2017, a fine of five million won or more due to a violation of road traffic laws in the same court.

Nevertheless, at around April 27, 2017, the Defendant driven Bunst cargo without obtaining a driver's license from around the 400-meter section from the west-dong Samsungdong's office to the Mat-dong roads in the same area as the blood alcohol concentration of 0.145% from the 400-meter section to the Mat-dong roads in the same area.

As a result, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry inquiry letter, such as criminal history, and an investigation report (report on confirmation of criminal records of punishment not less than twice the driving of a suspect drinking alcohol);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, who had been punished twice due to driving under the influence of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, was driving under the influence of alcohol without a license for driving under the influence of alcohol. In particular, driving under the influence of alcohol is a large accident by driving under the condition that the exercise ability of due care and body is significantly deteriorated, and thus, is highly likely to cause serious harm to other unspecified persons. However, there are circumstances unfavorable to the Defendant, such as the Defendant’s mistake.