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

Punishment of the crime

[criminal power] On June 20, 2016, the Defendant received a summary order of KRW 5 million for a crime of violating the Road Traffic Act (driving) at the Daejeon District Court on June 20, 2016, and on October 1, 2013, the Defendant was sentenced to a suspended sentence of 1 year to imprisonment with prison labor for the same crime, etc. on the same court, on five occasions more than five occasions.

【Criminal Facts】

On September 21, 2018, at around 18:40, the Defendant driven a Fmea car without obtaining a driver's license with a blood alcohol concentration of at least 0.124% from the Do in front of a restaurant located in the Dong-gu Daejeon Metropolitan City, Daejeon to the Eanan Island located in the same Gu and the front road.

As a result, although the defendant was punished not less than twice due to drinking driving, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual condition survey report;

1. A report on the actual state of the driver;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to investigation reports;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant again committed the crime of this case even though he/she had a record of being punished several times for the same kind of crime, the crime of this case was brought about by drinking of this case and driving without a license, and on the other hand, the fact that the defendant is led to confession, and is against the obligation of the defendant, etc. shall be determined as