A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

[2] On July 2, 2008, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violating road traffic laws (drinking driving), KRW 4 million as a fine at the Ulsan District Court on March 2, 2009, KRW 3,500,000 as a fine for the same crime, etc. at the Jung District Court on December 23, 2010, KRW 3,500,000 as a fine for the same crime, etc. at the Jung District Court on October 20, 201; and on July 25, 201, the Defendant was sentenced to a suspended sentence of imprisonment for six months for the same crime, etc. at the same court on July 22, 2014, and on November 22, 2014, but the judgment became final and conclusive on September 24, 2016, and was punished as a person who has been punished for a violation of the Road Traffic Act (dimping at least two times).

[Criminal facts] On August 19, 2015, the Defendant driven Dsch Rexn car in the state of under the influence of alcohol content of 0.243% while under the influence of alcohol without obtaining a driver’s license from approximately 3km section from the front of the “cafeteria” road in the Gyeonggi-gun, Gyeonggi-do, Gyeonggi-do to the same Eup to the front of the bus stops located in the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and investigation reports (Evidence List No. 32)-related 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. The Defendant’s reason for sentencing the alternative sentence of imprisonment is against the recognition of the instant crime, but there are six times the history of punishment due to drinking or non-licensed driving. In particular, the instant crime was committed again on July 25, 201 by being sentenced to a suspended sentence of one year on the grounds of drinking or non-licensed driving, etc. on July 25, 2014, and even during the suspended sentence period of two years, and the Defendant was absent on the date of examining detention warrant due to the instant crime.