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

Punishment of the crime

On April 20, 2017, the Defendant was sentenced to a suspended sentence of six months for a violation of road traffic law at the Gwangju District Court on April 20, 201, and the judgment became final and conclusive on April 28, 2017.

On July 19, 2010, the Defendant received a summary order of KRW 1,50,000 from the Seoul Northern District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and on November 20, 2012, issued a summary order of KRW 4,00,000 as a fine for the same crime at the Incheon District Court.

On July 11, 2017, at around 23:30, the Defendant driven a CNEW EF rocketing car under the influence of alcohol with approximately 0.085% alcohol concentration in blood without obtaining a driver’s license from the front of a mutually influent restaurant located in the Seoul Northern-gu, Gwangju to the front of the 154-ro of cultural communication of the same Gu from the 200-meter section of the same culture.

Accordingly, the Defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

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

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, text of judgment, search and output of the KICS integrated case, and application of the summary order statutes;

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. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

(a) favorable condition: The defendant reflects his mistake while recognizing the crime of this case;

B. Unfavorable conditions: The Defendant was punished four times in total due to drinking or non-licensed driving before the instant case; the Defendant again committed the instant crime without being aware of the fact that he had been under suspension of execution due to drinking or non-licensed driving, as seen in the holding.

(c)the age of the defendant;