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

Punishment of the crime

【Criminal Power】 On October 10, 2008, the Defendant was issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act in the branch court of the Busan District Court, etc. On April 6, 2012, the Defendant was sentenced to a fine of KRW 5 million for the same crime at the Busan District Court. On August 8, 2018, the Defendant was sentenced to a suspended sentence of KRW 6 months for the same crime at the branch court of the Busan District Court, which became final and conclusive on August 17, 2018.

【Criminal Facts】 On April 3, 2019, at around 04:20, the Defendant driven a C Sti-type car at approximately 1 km from the roads near the old metropolitan atmosphere located in the Do-dong in Busan Metropolitan City to the front roads of the same Gu B apartment, while under the influence of alcohol by 0.12% without obtaining a driving license.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The circumstantial statement of the employer-employed driver and the circumstantial report of the employer-employed driver;

1. Registers of driver's licenses;

1. On-site photographs;

1. A CCTV closure;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification of attachment of the same type of power judgment, etc.);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. The reason for sentencing of selective sentence of imprisonment with prison labor is that the defendant, as seen in the record of the crime in the judgment of the defendant, has been punished three times for drunk driving, and the driving without obtaining a license even though it is still under probation, and the blood alcohol concentration level is not low, and the defendant is driving under influence of alcohol.

Bracks at the center of the apartment at the entrance of the vehicle in the brobrid state.