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

Punishment of the crime

[criminal history] On April 16, 2015, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Goyang Branch of the Jung-gu District Court on March 16, 2015, and on May 12, 2017, the Defendant was sentenced to a suspended sentence of KRW 1 million for the same crime in the same court, and the said judgment became final and conclusive on May 19, 2017.

[2] On May 23, 2017, Defendant 1, who was driving two or more times of drinking, once again, driven a Cmari vehicle while under the influence of alcohol level of about 0.130%, without obtaining a driver’s license from the front side of the public parking lot located in the Seo-gu, Seo-gu, Busan Metropolitan City on May 23, 2017 to the lower end of the day mountainous district located in the 797-ro of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a driving, notification on the results of regulating drinking driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (applicable previous convictions in the same case and confirmation);

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).

In particular, on May 12, 2017, the Defendant committed each of the instant crimes only 11 days after being sentenced to a suspended sentence due to the crime of violating the Road Traffic Act (drinking), etc.

The blood alcohol concentration is not low, and the defendant was discovered while driving without a driver's license.

The sentence on the accused is inevitable.

However, there are no criminal records other than those of the judgment.

The defendant returned the vehicle driven by the defendant.