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

Punishment of the crime

[criminal history] On June 18, 2007, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating road traffic laws at the Jung-gu District Court on February 26, 2016 and a fine of KRW 1.5 million for the same crime at the same court on February 26, 2016. On November 18, 2016, the Defendant was sentenced to imprisonment with prison labor for the same crime and for two years of suspension of execution.

[2] On April 7, 2018, the Defendant: (a) was a person who violated drinking prohibition regulations twice or more; (b) was driving a motor vehicle C, without a motor device license, while under the influence of alcohol leveling about 0.126% from the 1km section of blood to the front side of the entrance of the Gyeonggi-gu Eup located in the Gamdong Eup located in Bupyeong-gu, Bupyeong-gu, Gyeong-gun, Gyeong-gun, Gyeonggi-do, in the direction of “a mat” in the Gam Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking;

1. Previous convictions in the register of driver's licenses: References to inquiries, such as criminal history, reports on the failure to take such dispositions, and the application of statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Period of punishment by law: Imprisonment with prison labor for a period of six months to one year and six months;

2. Determination of sentence: The defendant has been sentenced to three times of punishment due to drinking, and the defendant again committed the crime of this case without being aware of the fact that he/she was sentenced to a suspended sentence due to the crime of violating the Road Traffic Act.

Considering that the defendant has already been sentenced to a fine once during the period of suspension of execution by driving without a license during the period of suspension of execution, it is inevitable to repeat the same crime and sentence is imposed on the defendant who is the person who has been sentenced to the suspension

The defendant has old age and health status.