A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

On May 2, 2007, the Defendant was sentenced to four months of imprisonment for a crime of violating the Road Traffic Act at the Gwangju District Court, and on June 27, 2016, issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Jeonju District Court on June 27, 2016.

Criminal facts

On September 2, 2017, the Defendant, without a driver’s license, driven a vehicle of about 200 meters in C with a vehicle of about 200 meters in front of the fact that the Defendant was under the influence of alcohol content of 0.259% in blood during blood without a driver’s license, and driving a vehicle of about 200 meters in front of the road of “Ousscis Kaba” located in 2-dong, Seoul Northern-gu, Seoul, thereby running a vehicle of about 200 meters in front of “Ousscaki” located in 4

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Investigative into the ledger of driver's licenses and the main office;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is serious in light of the fact that the defendant, even though he had a large number of drinking and driving skills, also led to the instant crime.

However, the defendant does not drive again while against the crime.

Considering the fact that the vehicle has been disposed of, the social relationship is relatively clear, and the fact that the elderly is supported by the 86-year old old age, etc., all of the factors of sentencing as shown in the arguments in this case, such as the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime, etc.