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

Punishment of the crime

1. On February 27, 2015, the Defendant was issued a summary order of a fine of 4.5 million won for a violation of road traffic laws at the Seosan Branch of the Daejeon District Court of Daejeon on February 27, 2015, and on December 20, 2016, the Defendant was sentenced to six months of imprisonment and two years of suspended execution and was sentenced to two times or more for a violation of road traffic laws in the Daejeon District Court of Daejeon on December 20, 2016.

Nevertheless, at around 02:45 on July 15, 2018, the Defendant driven a coo car in B while under the influence of alcohol content of about 0.127% from the 19km section from the 206rd Dog-ro 206nd Dog-ro 401-23nd Dog-ro.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving a cub motor vehicle without obtaining a driver’s license at the same time and place as that set forth in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A fact-finding survey report and a report on the occurrence of a traffic accident;

1. The driver's license ledger;

1. Statement of the circumstances of drivers working at the main place and a statement of control details;

1. Notification of the results of regulating drinking driving;

1. Previous records: Application of Acts and subordinate statutes to inquiries, such as criminal records, replys to inquiries, investigation reports (referring to filing of copies of the previous decisions, 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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity is that the defendant had already been punished several times, including a suspended sentence twice due to drinking driving, drinking without drinking, or driving without license, and further, the defendant needs to be subject to strict punishment in full view of the circumstances such as the fact that the defendant had been under suspended sentence due to his previous conviction, even though he had been under suspended sentence, and that the degree of alcohol level during the blood transfusion of this case is not low.

D. The above circumstances are different.