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

Punishment of the crime

[criminal history] On June 30, 2017, the Defendant was issued a summary order of KRW 6 million due to a violation of road traffic law in the Incheon District Court’s Vice-Support, etc. On September 21, 2017, the Defendant was sentenced to a suspended sentence of three years for a year and February.

[2] Although Defendant 1 had been punished for drinking more than twice as above, Defendant 2 driven CV car under the influence of alcohol concentration of about 0.173% without a driver’s license on December 10, 2017 at a section of about 2 km up to the front of the influent road of the Seocheon-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) around 08:30 on December 10, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of the results of regulating the driving of drinking alcohol, a statement on the situation of the driver of drinking alcohol, a report on the situation of driving without a license, and a report on the circumstances of driving

1. Making inquiries into the ledger for the use of drinking meters and the main office;

1. The driver's license ledger and the driver's license ledger;

1. Previous convictions: Inquiries about criminal history, reporting on the results of previous convictions of dispositions, reporting on criminal investigations (in addition to rulings on punishment of the same kind of crime as the suspect, and confirmation of crimes during probation period);

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)

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

1. Selection of imprisonment with prison labor chosen;

1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity: (a) there is a need for strict punishment in light of the risk of driving alcohol; (b) there is a history of punishment for the same kind of crime four times; (c) even though the person was under suspension of execution due to the same kind of crime, he/she did not know, and (d) carried out the pertinent drinking and non-licenseless driving; and (e) the circumstances in which the alcohol concentration among the blood transfusion of this case is 0.173% and is considerably superior to the above.