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

Punishment of the crime

[criminal power] On December 7, 2018, the Defendant received a summary order of KRW 5 million for a crime of violation of the Road Traffic Act (driving) from the Chungcheong District Court, and a summary order of KRW 1.5 million for the same crime in the same court on January 9, 2015.

【Criminal Facts】

On March 22, 2019, the Defendant, at around 16:55, driven a gallon car at approximately 2 km section, without obtaining a driving license, from around 12 km section from the parking lot in the Chungcheong-gun B market to the “D” road in the same Gun C, and driven a gallon car at around 0.236% under the influence of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Registers of driver's licenses;

1. Criminal records: Application of criminal records, reply reports (A), investigation reports, and Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) a person was sentenced to a summary order for driving under the influence of alcohol in 2015 in December 2018, and was issued a summary order for driving under the influence of alcohol in December 2018; (b) a person was under the name of a person who was under the influence of alcohol again for only four months and was under the name of a person who was under the influence of alcohol; (c) a person was repeated during a short period of crime; (d) a person who was under the influence of alcohol level in the instant case is also highly high (0.204%); and (e) a person who was under the influence of alcohol level in the instant case is also 0.236%. In addition, there was a history of criminal punishment for traffic-related crimes, such as escape vehicles and a person who was under the influence of alcohol without a license for driving under the influence of alcohol. In addition, the sentence