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

Punishment of the crime

[criminal records] The defendant was sentenced to a fine of one million won for a crime of violation of road traffic law in Seosan Branch of the Daejeon District Court on June 14, 2007; the defendant was sentenced to a suspended sentence of two years for six months on June 13, 2014; and the suspended sentence of two years on July 1, 2016 to a suspended sentence of eight months on July 1, 201 for the same crime at the same court.

7.9 The judgment became final and conclusive.

[2] On January 12, 2017, the Defendant driven CNXC125 Obaba, while under the influence of alcohol leveling 0.178% of alcohol level without a motor device bicycle license, from around 3km to the road front of the Dong community service center of the same 3km-dong, Seoyang-gu, Seoyang-dong, Seoyang-gu, Seoyang-dong, Seoyang-gu, 08:30 on January 12, 2017.

As a result, the defendant, while under the influence of alcohol more than twice, once again passed a motor vehicle, etc. while under the influence of alcohol, and operated a motor device bicycle without obtaining a motor device bicycle license.

Summary of Evidence

1. Statement by the defendant in court;

1. A alcohol appraisal report, a report on detection of a primary driver, and the ledger of driver's licenses of motor vehicles among bloods;

1. Previous convictions: Application of a reply to inquiries, such as criminal history, written judgments, and written orders issued in summary;

1. Article 148-2 (1) 1 and Article 48 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 148-2 (1) 2 and 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment was that the Defendant committed each of the instant crimes during the suspension period of execution of crimes of violation of the Road Traffic Act (driving).

Since 2005, the Defendant was punished four times (two times a punishment, two times a suspended sentence of imprisonment, and two times a suspended sentence) due to a violation of the Road Traffic Act (drinking driving), and the blood alcohol concentration is not lowered.

B. The Defendant was found to have been driving without a driver's license.