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

Punishment of the crime

[criminal history] On July 29, 2013, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act in the Jinwon District Court's Jinju branch on July 29, 2013, and on June 9, 2016, the Defendant was sentenced to a two-year suspended sentence of imprisonment for the same crime in the same court on June 9, 2016 and was sentenced to a two-year suspended sentence of June 17, 2016, and the judgment became final and conclusive on June 17, 2016, and has three times the alcohol driving power

[ criminal facts] On July 16, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle around 16:00, driving Cone Star motor vehicle at approximately 5km from the front of “self concession” located in the Si, Cheong-gun, Si, Cheong-gun, Busan, in the state of alcohol concentration of 0.252% during blood, to the front road of “Yung-gun” located in the Si, Cheong-gun, Si, Cheong-gun, Cheong-gun, Cheong-gun.

As a result, the Defendant violated Article 44(1)(Prohibition of Driving under the influence of alcohol) of the Road Traffic Act not less than twice without a driver's license, and drives a motor vehicle under the influence of alcohol in violation of it again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report (1 and 2), a report on the occurrence of a traffic accident, and a photograph of the accident scene;

1. The driver's license ledger;

1. Written inquiry of the results of crackdown on drinking driving and notification of the results of crackdown on drinking driving;

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

1. Inquiry into the partnership of the main office;

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

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Reasons for sentencing choice of sentence of imprisonment with prison labor – The punishment for the same kind of crime is inevitable because of drinking, driving without a license, or non-licenseing, even though it has been under suspension of execution for the same crime;