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

[criminal history] On June 2, 2011, the Defendant was sentenced to a fine of KRW 1 million for a crime of violating road traffic law (drinking driving) in the Gwangju District Court’s Netcheon Branch on June 2, 201, and a fine of KRW 3 million for a crime of violating road traffic law (drinking driving) in the same court on September 6, 2016.

[Criminal facts] On May 18, 2018, the Defendant driven B vehicle under the influence of alcohol concentration of 0.091% without obtaining a driver’s license from a section of approximately 500 meters from the front of the restaurant for the ginseng boomed in the Southern-si, Seocheon-si, Namcheon-si to the front of the gas station in the Tacheon-si, Seocheon-si.

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. Inquiries about the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;

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 criminal history, etc. of the same kind) statute;

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. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 53 and Article 55(1)3 of the same Act (see, e.g., Supreme Court Decision 2009Da12488, Apr. 2, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for the said mitigation are repeated);

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;