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

Punishment of the crime

[criminal power] On July 19, 2010, the Defendant was sentenced to a summary order of 2.5 million won as a crime of violation of the Road Traffic Act in the Gwangju metropolitan District Court's support on July 19, 2010. On August 16, 2012, the Defendant was sentenced to a suspended sentence of 6 months as a crime of violation of the Road Traffic Act (e.g., refusal of measurement). On August 19, 2015, the Defendant was sentenced to a suspended sentence of 6 months by imprisonment with prison labor at the Gwangju Gwangju District Court for a crime of violation of the Road Traffic Act (e.g., drinking)

【Criminal Facts】

On May 16, 2019, at around 00:53, the Defendant driven a D small-scale car under the influence of alcohol level of 0.141% without obtaining a driver's license at a distance of about 1 km from the road in front of the Association in the Nam-nam Navy B to the road of about 100m in the front-Namnam-gun, west-do, Sinnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Control note, report on the circumstances of a drinking driver, and report on the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, etc., inquiry report, five copies of judgment, and application of Acts and subordinate statutes of one summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation has had the record of being punished five times due to drunk driving and unlicensed driving even before, among which, even though the defendant had the record of being punished as a sentence, he/she committed the crime at the same time, and the blood alcohol concentration level (0.141%) at the time is considerably high. However, the fact that the defendant reflects the defendant's wrong, and that the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., and all of the sentencing conditions specified in the record and arguments, such as the circumstances after the crime, shall be determined as the order.