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

Punishment of the crime

[criminal history] On October 13, 2006, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving), and on September 25, 2009, sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Seog Branch of the Daegu District Court (Seoul District Court) on September 25, 2009. On March 30, 2017, the Defendant was sentenced to a fine of six million won for a violation of the Road Traffic Act (driving) at the Daegu District Court (Seoul District Court) on March 30, 201, and on January 11, 2018, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving), and the judgment became final and conclusive on January 19, 2018.

[2] On June 12, 2018, the Defendant driven an EM5 vehicle from the front road in Daegu Dong-gu, Seoul to the front road in Daegu Do-gu D, under the influence of alcohol content of 0.226% without obtaining a driver’s license for a motor vehicle on June 12, 2018.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and driving the said vehicle without obtaining a driver’s license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. The driver's license ledger;

1. A previous conviction in judgment: A reply to inquiry about criminal history, a report on investigation (report on confirmation of the fact under suspension of execution), a report on investigation (Attachment to the same type of judgment), and the application of statutes of the judgment;

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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment is that the defendant committed the instant crime without being aware of it during the period of suspension of execution for the same kind of crime, that the defendant has been punished several times for the same crime, and that the defendant has a record of being punished several times for the same crime.