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

Punishment of the crime

On March 6, 2018, around 22:45, the Defendant driven C truck with alcohol content of 0.138% while under the influence of alcohol without obtaining a driver’s license from around 2 km section from the roads in front of the trade influence in Gangseo-gu Busan Metropolitan City to the roads in front of 3609-10, Dongdong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes on license ledger;

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

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

1. In light of the fact that the defendant was sentenced to imprisonment without prison labor for the reason of the sentencing of selective sentence, and that the defendant was sentenced to imprisonment without prison labor for the same kind, and carried out drinking or non-licenseing driving at the only several months in which he was released due to the revocation of detention, and that the alcohol concentration in blood was high, it is difficult to achieve the purpose of punishment due to fine or suspension of execution;

The sentence shall be sentenced as it appears.

The punishment was determined in consideration of various sentencing conditions shown in the arguments in this case, such as the defendant's age, sexual conduct, environment, motive, means, and consequence of the crime.