A defendant shall be punished by imprisonment for seven months.

Punishment of the crime

On February 3, 2012, the Defendant was issued a summary order of a fine of three million won for a crime of violating road traffic laws at the Ulsan District Court on February 3, 2012, and on January 7, 2015, the Defendant was sentenced to a suspended sentence of two years for imprisonment with labor for the same crime at the same court on January 7, 2015, etc.

On May 2, 2017, the Defendant driven a B-hand car with alcohol content of at least 0.160% under the influence of alcohol while under the influence of alcohol without obtaining a driver’s license, at a level of approximately 100 meters in front of “Gu-dong middle school” in the same Dong as “Gu-dong middle school in Ulsan-gu, Ulsan-gu, Seoul-do.”

As a result, the defendant driving a motor vehicle without a driver's license, and at the same time, violated Article 44 (1) of the Road Traffic Act not less than twice, and drives a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and written appraisal of alcohol during blood transfusion;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly 21) Acts and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. When comprehensively considering the records of punishment for the same crime, the risk of recidivism, the drinking volume (0.160%) of Article 53 and Article 55 subparag. 1 subparag. 3 of the Criminal Act [Sentencing], including the criminal records before probation, it is reasonable to give the defendant an opportunity to correct the defendant through isolation from society for a certain period of time: Provided, That it is reasonable to determine a punishment as ordered in the Disposition, in addition to various circumstances, such as the fact that a traffic accident is not caused, the facts leading to the crime committed in the records and pleadings, and the attitude of reflectness, etc.