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

Punishment of the crime

On June 7, 2010, the Defendant received a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Changwon District Court, which became final and conclusive on June 23, 2010. On June 5, 2014, the Defendant was sentenced to a suspended sentence of two years on June 13, 2014, and the said judgment became final and conclusive on June 26, 2015, by the same court on March 26, 2015, as a fine of ten million won for a crime of violating the Road Traffic Act (driving without a license) or a violation of the Road Traffic Act (driving without a license).

On Nov. 4, 2015, the Defendant, at around 13:30 on Nov. 4, 2015, was driving Cpoter cargo at approximately 400 meters in front of the middle school in the south-Eup of the same Gun on the roads in the vicinity of the Hong-ri Village in the academic community of Nam-gu, Nam-gun, Nam-gun, Seoul, without a driver’s license, while under the influence of alcohol 0.244% in blood while drunk.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (report on binding of written judgments);

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. It is recognized that the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount are that the defendant repents his mistake.

However, if the defendant committed the crime of this case again during the period of repeated crime even though he had been tried for the same kind of crime, he/she committed the crime of this case again during the period of repeated crime due to the same crime, his/her blood alcohol concentration is significant, and other conditions of sentencing specified in the arguments of this case, such as the defendant's age, sex and environment, motive, means and consequence of the crime, etc., shall be determined