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

Punishment of the crime

[criminal history] On April 3, 2008, the Defendant was sentenced to a fine of KRW 4 million due to a violation of road traffic law (drinking driving) at the Daejeon District Court on April 3, 2008, and on December 10, 2015, the same court issued a summary order of KRW 5 million due to a crime of violating road traffic law (drinking driving).

[2] Although Defendant 1 had been punished for drinking more than twice as above, Defendant 2 driven a B-on vehicle under the influence of alcohol with approximately 200 meters alcohol concentration of 0.135% from the front of the restaurant where the trade name in the Seo-gu, Daejeon is unknown on January 26, 2016, to the Yanamian road located in Seo-gu, Daejeon, Seo-gu, Daejeon, without a driver’s license.

Summary of Evidence

1. Statement of the defendant in the first trial record;

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 conviction in judgment: (A) a written reply to inquiry, such as criminal history, reporting and judgment of the person not subject to the disposition, reporting of the person not subject to the disposition, reporting of the person not subject to the disposition,

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Although the reasoning of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment is recognized and reflected by the Defendant, the crime of this case was committed during the suspended execution period, the possibility of detention was obstructed among the remaining trials that concern the possibility of detention and the progress of the trial by serving public notice, and other various sentencing conditions, such as the Defendant’s criminal records and the circumstances after the commission of the crime, shall be comprehensively considered, and the sentence as set forth in the Disposition shall be determined as per Disposition.