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

Punishment of the crime

[criminal history] On November 26, 2007, the Defendant was issued a summary order of 1.5 million won for a crime of violating road traffic laws at the Changwon District Court, and on October 7, 2015, the Defendant was sentenced to six months of imprisonment and two years of suspended execution.

[2] On January 6, 2017, at around 00:30, the Defendant driven a B TG car while under the influence of alcohol content of 0.119% while under the influence of alcohol, without obtaining a driver’s license from around about 4km in front of a mutually influent restaurant located in the Dong located in the Kimhae-si and outside of the city of Kimhae-si to the sex seat front road in the Kimhae-si, Kimhae-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification of the results of regulating drinking driving, the ledger of driver's licenses, and inquiry into the ledger of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (the previous and report on confirmation);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Act on Reduction of Small Amount of Punishment is that the Defendant committed the instant crime without being aware of the fact that he had been punished four times due to drinking driving and driving without obtaining a license, and thereby, committed the instant crime without being aware of it during the period of suspension of execution.

The blood alcohol concentration (0.119%) was high and was driven under the influence of an unlicensed license.

In addition, the punishment shall be determined as per the order by comprehensively taking into account various sentencing conditions, such as the defendant's age, sexual conduct, background of the crime in this case, and circumstances after the crime.