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

Punishment of the crime

[Majority Offense and Permissible Driving ] On August 27, 2008, the Defendant was sentenced to a fine of one million won as a crime of violating road traffic law at the Gangnam Branch of the Chuncheon District Court on December 6, 2009, a fine of one million and five hundred thousand won as the same crime in the same court on December 6, 2009, and two years of suspended execution for six months in imprisonment with prison labor for the same crime in the same court on December 9, 2010, and on July 17, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of road traffic law at the Gangseo Branch Branch of the Chuncheon District Court on January 15, 2016.

[2] On April 13, 2017, the Defendant: (a) around 23:27, operated a car in XG without a driver’s license while under the influence of alcohol level 0.194% from the 5km section from the front day of the main place of people who are good in the Yecheon-dong in the East Sea to the Pyeong Pung-dong parking lot in the same city; and (b) driven a car in XG without a driver’s license.

The Defendant, who was punished by drinking not less than twice as above, was driving a motor vehicle under the influence of alcohol again, and was driving a motor vehicle without a license at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. 112 A list of reported cases;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of repeated offenses and attachment of the current status of expropriation), and the current status of personal confinement;

1. Violation of the Traffic Act (driving of alcohol): Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts: Article 152 (1) 1 and Article 43 of the Road Traffic Act;

1. Formal concurrence and the choice of punishment under Articles 40 and 50 of the Criminal Act (the punishment between two crimes in holding, the punishment between crimes in holding, and the punishment prescribed for a crime in violation of the Road Traffic Act which is heavier than that in holding, and the choice of imprisonment);

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

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following grounds for sentencing) are more favorable.