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

Punishment of the crime

On June 17, 2015, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (drinking driving), and a fine of four million won for a violation of the Road Traffic Act at the Changwon District Court's branch on April 25, 2016. On September 22, 2016, the Defendant was sentenced to a summary order of six months for a violation of the Road Traffic Act (drinking driving) at the Changwon District Court's branch branch on September 30, 2016, and the judgment became final and conclusive on September 30, 2016.

On November 26, 2016, at around 05:00, the Defendant driven Cenz automobiles with alcohol content of about 0.084% while under the influence of alcohol without a driver’s license at the section of approximately 12 km from the funeral ceremony parking lot in Busan Shipping Daegu-dong, Busan-dong, to the exit of the 20-Fuk-dong, Busan-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (report on confirmation date), written judgment, certified copy of summary order, and other Acts and subordinate statutes;

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 reasons for sentencing under Articles 53 and 55(1)3 of the Act on Reduction of Small Quantity are several times the Defendant had already been punished for driving under drinking, and the Defendant committed the instant crime again in February only since he was sentenced to a suspended sentence due to driving without a license for driving under drinking, and the Defendant was driving the instant vehicle under the influence of alcohol despite the absence of a driver’s license. As the Defendant was under the influence of alcohol, disadvantageous circumstances such as the inevitable sentence of the heavy sentence is inevitable, and the Defendant’s mistake is divided by recognizing the instant crime, and the volume of drinking of the instant case is somewhat lower.