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

Punishment of the crime

On February 28, 2005, the Defendant was sentenced to a summary order of KRW 2 million by the Changwon District Court for the crime of violating the Road Traffic Act, which was sentenced to a fine of KRW 1 million on May 6, 2008, and a fine of KRW 1 million on December 3, 2012, by the same court as the crime of violating the Road Traffic Act (drinking). On October 15, 2015, the Defendant was sentenced to a summary order of KRW 2 million on December 8, 2015.

On September 10, 2017, the Defendant driven a GT-type vehicle under the influence of alcohol content of 0.180% at a distance of about 300 meters from the 915 Samsung Digital Dr, as in the old Jin Sea, at the GS S S S S S S S S S C-ro, Jin-si, Seoul, Seoul, to the front road of the 915 Samsung Digital D, without obtaining a driver's license.

As a result, the Defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle while under the influence of alcohol in violation of the above provision, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history (A), investigation report (Attachment to previous rulings, etc.);

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 Defendant for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act, recognized the instant crime, and disposed of the operated vehicle.

However, the defendant has been punished four times due to drinking driving, and in particular, the defendant is driving a separate non-license during the suspension period due to a violation of the Road Traffic Act (drinking driving), and a fine of two million won on July 3, 2017.