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

Punishment of the crime

On August 18, 2015, the Defendant was issued a summary order of a fine of KRW 4 million due to a violation of road traffic law (drinking driving), etc. at the Seo-gu District Court Branch Branch of the Daegu District Court on August 18, 2015, and on October 28, 2016, the Defendant was sentenced to imprisonment for 10 months for a violation of road traffic law (drinking driving) and three years for a suspended sentence, and the probation period is currently under suspension of execution as of November 5, 2016.

On May 12, 2017, the Defendant, without obtaining a driver's license on a motor vehicle, driven a DNA cargo vehicle from approximately 1 km to the front road of the GS25 convenience store located in the 137 GS25-ro, Jeju-si, Jeju-si, in a state of alcohol content of 0.303% of alcohol during blood, without obtaining a driver's license on a motor vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

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

1. The driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to judgments of the same kind as the suspect, etc.);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of amount is that the Defendant recognized all of the instant crimes, and appears to be contradictory to the reasoning. The Defendant appears to have been given medical treatment prior to the instant crime in order to overcome the symptoms of alcohol, etc., and to have been given treatment related to alcohol in the future.

It is advantageous to that point.

However, in 207, 2008, and 2015, the Defendant did not refrain from driving under the influence of alcohol even though he was punished by a fine due to a crime of driving under the influence of alcohol or a crime of driving under the influence of alcohol in 2016.