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

Punishment of the crime

[criminal history] On December 6, 2011, the Defendant was sentenced to imprisonment for a violation of road traffic law (drinking driving) at the Daegu District Court on December 6, 201, and was sentenced to a fine of eight million won on March 29, 2013 by the Daegu District Court on March 29, 2013.

[2] On August 2, 2015, the Defendant, without obtaining a driver’s license for a motor vehicle on or around 23:10 on August 2, 2015, operated a cub motor vehicle in the section of about 1 km from the 1km to the front road of the village entrance of the 1st century, under the influence of alcohol content of 0.196% in the blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions: A reply to inquiries, such as criminal history, investigation report (Attachment to previous rulings), and application of each statute of the judgment;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Act on Reduction of Small Amount of Punishment is that the Defendant was punished several times for the same kind of crime, such as drinking, driving without a license, etc. (four times a punishment, one time a suspended sentence, one time a suspended sentence), but the Defendant was engaged in drinking, driving without a license, so it is inevitable to punish the corresponding person.

Moreover, even though the Defendant did not repeat the same crime during the same period of repeated crime, even though he had the record of being sentenced to a fine, the Defendant was engaged in drinking of this case and driving without a license, and the alcohol concentration in blood is high, so the nature of the crime is not easy.

However, this case's age, sex behavior, intelligence and environment of the defendant, motive, means and consequence of the crime, circumstances after the crime, etc.