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

Criminal facts

【Criminal Records of Crimes】 On December 27, 2010, the Defendant was sentenced to a fine of 1.5 million won for a violation of road traffic laws at the Ulsan District Court on June 10, 2013, a fine of 2 million won for the same crime at the same court on June 10, 2013, and the same court on July 6, 2017, on the grounds of a violation of road traffic laws (drinking driving) and a violation of road traffic laws (licensed driving) at the same court on July 6, 2017, and was sentenced to a suspended sentence of two years for six months on the 14th day of the same month. The above judgment

On July 22, 2013, the Defendant was sentenced to a fine of KRW 1 million due to a violation of road traffic law (unlicensed driving) at the Ulsan District Court on July 22, 2013.

【Around January 20, 2018, the Defendant driven a motor vehicle with alcohol level C while under the influence of alcohol leveling 0.085%, without obtaining a motor vehicle driver’s license, from around 25:0 to around 700 meters from the 4-lane, Ulsan-gu, Ulsan-do, Ulsan-do, to the front road of the school.

Accordingly, the Defendant, who violated his duty not to drive alcohol more than twice, was driving without obtaining a driver’s license under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on the actual condition, a report on the detection of a primary driver, a statement on the circumstances of a primary driver, and the ledger of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same criminal record and summary order, etc.);

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, and the driving of a driver without a license, as well as the possibility of occurrence of an accident and the risk thereof, are high.