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

Punishment of the crime

On July 13, 2017, the Defendant was sentenced to a suspended sentence of two years for a crime of violating road traffic law at the Seoul Northern District Court on June 21, 201, and the above judgment became final and conclusive on July 7, 201, and on July 7, 201, the Seoul Western District Court sentenced two years of suspended sentence to imprisonment for the same crime, etc., on three occasions more than three previous crimes.

On February 2, 2018, around 05:04, the Defendant driven a vehicle with a vehicle driver’s license for about 0.117% under the influence of alcohol in the three km section of the road in Jinyang-gu, Jinyang-si, Jin-si, Jin-si, without obtaining a vehicle driver’s license for the blood alcohol concentration of about 0.17%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the influence of liquor, report on the circumstances of the driver under the influence of alcohol and report on the results of regulating drinking;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Previous convictions: Application of inquiry statements, investigation reports (formers and court rulings, etc.), such as 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;

1. Article 40 and Article 50 of the Criminal Act, the choice of punishment by imprisonment, and the choice of punishment;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment have the record of being punished five times due to drinking driving.

Among them, three times of fine, and two times of the suspension of the execution of imprisonment.

In addition, it was under probation due to drinking driving at the time of the instant crime.

Nevertheless, the Defendant again driven a drinking alcohol.

The Defendant failed to drive a substitute driver without being a driver, even though the Defendant requested several times.

section 3.

However, the defendant's assertion cannot be viewed as an inevitable circumstance for driving alcohol.

The Defendant, while driving under the influence of alcohol, set the vehicle on the road and locked down, was under control, and the risk of subsequent accidents was high.

In order to prevent the defendant from committing a crime of drinking alcohol, a sentence is inevitable.

. The defendant-appellant.