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

Punishment of the crime

On July 17, 2015, the Defendant was sentenced to one year of imprisonment and two years of suspended execution due to a violation of road traffic law in the Seosan Branch of the Daejeon District Court on July 17, 2015, and on October 27, 2016, the same court was sentenced to a fine of 15 million won or more due to a violation of road traffic law in the same court.

Nevertheless, on April 5, 2018, the Defendant driven a passenger vehicle with low alcohol level of about 0.234% in the 1km section from JDa-si, which is located in J-si, J-si, I, to K-si, from about 1km to K-si, without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the result of crackdown on driving drinking;

1. The circumstantial report of the driver without any license and the circumstantial report of the driver without any license;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, investigation report (Attachment to a copy of the previous judgment), and copy of the judgment, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

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 volume is that the defendant committed each of the instant crimes again even though he had the record of punishment including imprisonment due to drinking driving and non-licenseless driving, and considering the fact that the blood alcohol concentration among the instant blood transfusion is very high to 0.234%, the defendant's criminal liability is not imposed, and thus, the defendant is sentenced to imprisonment within the corresponding scope. However, the defendant's punishment is to be sentenced to imprisonment within the corresponding scope. However, considering the fact that the defendant's recognition of the instant crime and misleads the defendant, the elderly, the health is not good, and the circumstances of the instant crime, etc., the sentence is determined as per the text.