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

Punishment of the crime

[Criminal Power] The Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Road Traffic Act (unlicensed Driving) in the Changwon District Court’s branch on April 28, 2016, and the probation period is currently under the period of suspension of execution, which became final and conclusive on May 10, 2016.

【Criminal Facts】

On September 23, 2016, at around 01:40, the Defendant driven a B Twork XG car in the state of alcohol alcohol concentration of about 0.177% while under the influence of alcohol without obtaining a driver’s license in a section of about 30 meters from the front side of the parking lot in the ancient city of Gyeongnam-do to the Jelel road in the Gonam-dong of Gyeongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the circumstances and report on the detection of such a driver;

1. Notification of the result of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: References to criminal records, investigation reports (judgments and summary orders) and the application of statutes;

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

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

1. The defendant's blood alcohol concentration ratio is high for the reason of sentencing selective sentencing of the sentence, the situation and distance of driving, the criminal records of the same kind of crime, and the case also constitutes a second offense during the period of suspension of execution, and other conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, and circumstances after the crime, etc., should be taken into account equally, a sentence of sentence is inevitable for the defendant.