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

Punishment of the crime

On July 26, 2010, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on July 26, 2010. On April 29, 2015, the Defendant was sentenced to a suspended sentence of 2 years for a crime of violating the Road Traffic Act.

On May 21, 2016, at around 00:50, the Defendant driven a F car under the influence of alcohol with approximately 0.074% alcohol concentration in blood, without obtaining a driver’s license, from the direction of the direction of the road, such as 00:15, around May 22, 2016, which is the next day from the front of the distance, such as the Hasan-si, Hasan-do, Hasan-do, Hasan-do, and the next day from May 22, 2016.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the facts before the same criminal conviction and the suspended execution period);

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 Defendant, who had been punished three times due to driving of alcohol for reasons of sentencing under Articles 53 and 55(1)3 of the Act on the Reduction of Small Quantity, is under the influence of alcohol without a license, and the nature of the crime is not weak. In particular, the driving of alcohol is caused by a large-scale accident while under the influence of due care and physical exercise ability, which may cause significant harm to unspecified persons, and thus, is disadvantageous to the Defendant. However, the Defendant’s mistake is recognized and against the Defendant, and the instant crime was committed.