A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On March 20, 2009, the Defendant was sentenced to a fine of KRW 4 million due to a violation of road traffic law (driving), etc. in the support of the Daejeon District Court on March 20, 2009; on March 31, 2009, the Defendant was sentenced to a summary order of KRW 1.5 million due to a violation of road traffic law (driving), and on August 11, 2016, the Defendant was sentenced to a suspended sentence of KRW 8 months for a violation of road traffic law (driving) by the same court on August 11, 2016.

8. 19. The above judgment becomes final and conclusive and is still under suspended execution.

As above, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act more than twice again, driven a brento vehicle under the influence of alcohol leveling 0.076% of alcohol level without obtaining a driver’s license in the section of about 500 meters from a restaurant where it is impossible to know the trade name in the grhean-dong of Asan City on December 6, 2016 to the westwest of the same city, from a restaurant where it is impossible to know the trade name in the grhean-dong of Asan City at around December 21, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions: Application of inquiries about criminal history and investigation reports (limited to the previous convictions and attachment of such judgments);

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 (1) and 43 (the point of driving without a license) of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Even though there is a history of criminal punishment several times for the same kind of crime for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act, the punishment as ordered shall be determined by taking into account the various sentencing conditions indicated in the instant trial proceedings, such as the fact that the suspended sentence for the same crime has become final and conclusive, and the fact that the person re-offending the crime during the suspended sentence for the same crime, reflects the nature of the crime, and the volume of drinking water, etc.