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

Criminal facts

[criminal history] The Defendant was sentenced to a fine of KRW 700,000 as a crime of violating the Road Traffic Act (drinking on September 23, 2008), from the same support on March 15, 2013 to a fine of KRW 4 million as the same crime, and from the same support on January 3, 2014 to the same crime on the same support on January 3, 2014, respectively, to a suspended sentence of one year and February.

[Criminal facts] On March 12, 2018, the Defendant driven a vehicle B without a driver’s license in the state of under the influence of alcohol content of about 0.233% from the 4km section to the 0.233% under the influence of alcohol in the blood, from the road in front of the industry located in the Maternal Mar. 12, 2018 to the day when the main body in the same non-furnal plane is located in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, the driver's license ledger, and making an inquiry into the vehicle;

1. On-site photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgement, etc.);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Circumstances favorable to the defendant in sentencing prescribed in Articles 53 and 55(1)3 of the Criminal Act, which are favorable to the defendant, are as follows.

The defendant is divided into and reflected in the crime of this case.

Defendant has no record of criminal punishment except drinking and has no criminal record of imprisonment.

There is a need for the defendant to support the family including three children.

Circumstances unfavorable to the defendant are as follows:

The defendant was driving while under significant influence of 0.233% alcohol concentration in blood, and caused an accident that shocks the preceding vehicle in the process.

The defendant has the record of having been sentenced to a fine twice due to drinking as stated in the judgment of the court, and the two persons have caused a traffic accident while drinking or driving without a license in 2014.