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

Punishment of the crime

On August 18, 2010, the Defendant issued a summary order of KRW 1 million at the Ulsan District Court as a fine for a violation of the Road Traffic Act ( sound driving), etc. on September 16, 2010, KRW 3 million as a fine for a violation of the Road Traffic Act (driving) at the Ulsan District Court on September 16, 201, and KRW 5 million as a fine for a violation of the Road Traffic Act (driving) at the Ulsan District Court on October 14, 2015.

In addition, on December 28, 2015, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with labor for a violation of the Road Traffic Act at the Ulsan District Court on December 28, 2015, and the judgment on January 5, 2016 becomes final and conclusive and is still under the suspended sentence.

On September 12, 2016, the Defendant driven B lebba while under the influence of alcohol with a blood alcohol concentration of 0.116% without obtaining a motorcycle driver's license in the section of approximately 3 km from the middle electricity in the Eastern Industries to the front of the 2nd century in Ulsan-dong, Ulsan-gu, Ulsan-gu, Ulsan-do.

Therefore, even though the Defendant violated the prohibition on drinking under the Road Traffic Act more than twice, he again driven a motorcycle without obtaining a driver's license in violation of the prohibition on drinking under the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving and the register of driver's licenses;

1. Inquiry reports on criminal records, etc., summary orders, and application of statutes of the judgment;

1. Driving under the influence of alcohol for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the same Act: Subparagraph 2 of Article 154 of the Road Traffic Act and Article 43 of the same Act;

1. Punishment for a violation of Articles 40 and 50 of the Criminal Act of the 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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, including discretionary mitigation, has reached 4 times the period of driving without license, and the period of driving without license has reached 6 times, and even if punishment has been imposed several times, it is subject to drinking during the period of suspension of execution due to the same criminal record.