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

Punishment of the crime

[criminal history] On April 4, 2014, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), a fine of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) and a violation of the Road Traffic Act (drawing driving) in the same court on January 8, 2015, and the same court on June 18, 2015 sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act (dacting driving) and a violation of the Road Traffic Act (dacting driving) on June 26, 2015, and the judgment was finalized on June 26, 2015.

[2] On December 19, 2016, the Defendant driven B-low-income motor vehicle under the influence of alcohol content of about 500 meters in a section of about 500 meters from the front of the passenger restaurant 222-hon-ro 6, Dong-gu, Gwangju-dong, Gwangju-dong, to the front road of the Dong-gu Election Management Committee located in 186, Dong-gu, Dong-gu, Seoul-ro, 201 without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

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

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. The point of previous convictions: Application of a reply to inquiry, such as criminal history, and a report of investigation (in the last five years, attaching a report to the suspect A's previous convictions and written judgments, etc.)

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. The reason for sentencing under Articles 53 and 55(1)3 of the Act on Reduction of Small Quantity refers to the case where the defendant was punished for driving alcohol and driving without a license, and in particular, on June 18, 2015, the court was sentenced to the suspension of the execution for six months due to the crime of drinking alcohol and driving without a license. In addition, even if the defendant was under the duty to observe the protection, it is inevitable to punish the defendant with severe punishment in light of the fact that he committed the crime of drinking alcohol and driving without a license during the suspension period.

However, the defendant.