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

Punishment of the crime

[2] On July 5, 2010, the Defendant was sentenced to a summary order of a fine of three million won for a violation of the Road Traffic Act (driving alcohol) at the Busan District Court. On June 28, 2011, the Defendant was sentenced to a suspended sentence of four months for a violation of the Road Traffic Act (driving alcohol), and on February 22, 2015, the same court was sentenced to a one-year imprisonment for a violation of the Road Traffic Act (driving alcohol) and was released on September 30, 2015 and passed on November 25, 2015.

[2] On December 18, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle on or around 06:15, driven a vehicle CK5 vehicle from around about 500 meters in the section of approximately 500 meters to the road near the salary hospital located in the Busan Dong-dong-dong-dong-dong, under the influence of alcohol content of 0.16%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report ( repeated crime and confirmation of the same kind of force);

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

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of imprisonment with prison labor as a matter of choice (the sentence shall be imposed in consideration of the fact that the criminal act of this case was committed again during the period of repeated crime resulting from the crime of the same kind, but the punishment shall be determined by examining the degree of alcohol content, the history of crime, the circumstances of crime,

4. Article 35 of the Criminal Act for aggravated repeated crimes;

5. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;