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

Punishment of the crime

On June 22, 2016, the Defendant was sentenced to a fine of KRW 3 million as a crime of violating the Road Traffic Act in the Busan District Court's branch court's imprisonment for six months with labor for a violation of the Road Traffic Act. On November 12, 2014, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act in the Daegu District Court's Support for Kimcheon-cheon on November 2014.

At around 03:50 on March 10, 2017, the Defendant driven CMW car at a section of approximately one kilometer from before the hotel in Busan High Sea-gu, Busan Metropolitan City to the road front of the same transportation distance, while under the influence of alcohol content of 0.168% without a driver's license.

Therefore, even though the defendant was punished twice or more due to drinking, he driven a motor vehicle under the influence of alcohol without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking, report on the circumstances of the driver involved, ledger of driver's license, response to requests for appraisal, and report on the detection of the driver involved;

1. A previous conviction: A written inquiry, a written inquiry, a report on the result of confirmation before the previous conviction, and the application of Acts and subordinate statutes reporting;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, 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 Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The crime of this case for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment is a state of driving under a license without permission. The crime of this case is a state of bad quality of the crime, the defendant can have a criminal record for the same kind of crime, and the defendant committed the crime of this case under the suspension of execution after being sentenced to two years of the suspension of execution for six months of imprisonment due to a crime of violation of the Road Traffic Act in the Busan District Court's Branch Support on June 22, 2016.

However, it is advantageous to the fact that the defendant recognizes the facts charged and seriously reflects it.