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

Punishment of the crime

[criminal history] The Defendant, at the Daegu District Court on October 22, 2007, is a person who drives drinking more than twice after receiving a summary order of a fine of KRW 3 million from the same court on May 30, 2014 due to the same crime, etc.

On August 5, 2014, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, a violation of Road Traffic Act, or a violation of Road Traffic Act (unlicensed driving) in the same court on the same day on July 30, 2015 and paroled on July 30, 2015 while the sentence is executed.

8.7. The parole period has expired.

[2] On July 6, 2017, around 06:13, the Defendant driven CNEW EF rocketing without a vehicle’s license while under the influence of alcohol content of approximately 0.157% at approximately 70 meters from the 700m section, from around the 581-7 near Sinsan-si, Sinsan-si to the 596-1 high pressure level 596-1.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of regulating driving of alcohol, a statement made under the circumstances of a driver driving, a driver's license register, and an investigation report (Confirmation of the distance of a suspect driving);

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (date of release; repeated crime; reporting on confirmation of 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. The sentencing of Articles 53 and 55(1)3 of the Criminal Act (the following sentencing grounds) is based on the sentencing.