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

Punishment of the crime

[criminal power] On July 10, 2007, the Defendant received a summary order of KRW 2 million for a crime of violation of the Road Traffic Act from the Ulsan District Court, and on January 6, 2016, the same court issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act, and on December 8, 2016, the same court sentenced two years of suspension of execution to six months for a crime of violation of the Road Traffic Act on December 16, 2016.

【Criminal Facts】

On October 14, 2018, at around 03:37, the Defendant, starting from the road near the Nam-gu B market in Ulsan-gu, Ulsan-gu, Seoul-do, and driving a motor vehicle with approximately KRW 5km section at the front of the new Trihodong, Nam-gu, Ulsan-gu, Ulsan-do, through the so-called "Suldong," without obtaining a driver's license with a blood alcohol concentration of at least 0.132%.

Therefore, even though the defendant had been punished more than twice as a crime of violation of the Road Traffic Act, he again driven a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, report on the proper driving of a drinking driver, statement on the status of a drinking driver, and investigation report;

1. The driver's license ledger;

1. Records of judgment: Criminal history records, investigation reports (report on the same type of power and period of suspension of execution), each judgment, and application of summary order-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the grounds for discretionary mitigation)

1. The sentencing criteria are not set for offenses of violation of the Road Traffic Act;

2...