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

Punishment of the crime

On June 11, 2013, the Defendant was sentenced to eight months of imprisonment due to a violation of the Road Traffic Act at the Busan District Court, and completed the execution of the sentence at Daegu Prison on May 29, 2014, and on July 25, 2016, the Defendant was issued a summary order of four million won of a fine by the same court as a violation of the Road Traffic Act.

On November 11, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle at around 16:00, driven C Poter in the distance of about 1 km from the Busan Western Bus Terminal located in 533, Seopo-dong, Busan, Seopo-dong, Busan, to the front road of the same Gu Seopo-dong, under the influence of alcohol content of 0.242% of alcohol during blood.

As a result, the defendant had been punished for a crime of violating the Road Traffic Act more than twice, but he again driven a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Application of a reply to inquiry, such as criminal history, report on investigation (the previous conviction and confirmation of the same criminal record);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Considering the fact that the defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of weight recognized the crime and reflects the depth of sentencing, it is inevitable to sentence the defendant to a sentence, with regard to the following factors: (a) the defendant had several criminal records of the same kind including his/her punishment; (b) again, during the period of repeated offense; (c) the defendant has already been punished by a fine on July 25, 2016 due to the crime of driving alcohol during the period of the above repeated offense; and (d) the amount of the drinking alcohol of the instant case is considerably high.

(2).