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

Punishment of the crime

[criminal history] On October 6, 201, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving alcohol) at the Changwon District Court’s branch on the grounds of a violation of the Road Traffic Act. On September 11, 2015, the Defendant issued a summary order of 4 million won for a violation of the Road Traffic Act (driving alcohol) at the Daegu District Court’s Daegu District Court. On April 8, 2016, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act (driving alcohol).

[2] On November 24, 2017, the Defendant was driving a Cran-car under the influence of alcohol content of about 0.110% from the 7m section of the department store to the next road of the department store, without obtaining a driver’s license of a motor vehicle around 00:45 on November 24, 2017. The Defendant was driving a Cran-car under the influence of alcohol content of about 0.110% from the 7m section near the department store to the next road of the department store.

As a result, the defendant was punished more than twice due to drinking without a driver's license, and once again driven the above vehicle while under influence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry inquiry letter, such as criminal history, and an investigation report (verification of punishment records at least twice the driving of drinking);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 152 of the Road Traffic Act [Article 43 of the same Act concerning driving without a license) 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. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);