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

Punishment of the crime

On March 10, 2018, the Defendant, without obtaining a driver’s license for a motor vehicle on March 23:30, 2018, driven a D D L-W car at the section of about 500 meters from the roads adjacent to the "Sari-dong in Gwangju Mine-gu" to the same Gu-ro 259, and from the roads adjacent to the "Sari-gu Hospital" under the influence of alcohol level of 0.213% in alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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

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

1. Selection of imprisonment with prison labor chosen;

1. When the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include a long-term force for sentencing, the Defendant has been punished three times due to driving under drinking, etc., and two times due to driving without a license. Of them, one time of driving under the influence of alcohol, which led to a traffic accident and is sentenced to a suspended sentence.

However, the Defendant, without a driver’s license, driven a motor vehicle while drinking, and the alcohol level at the time of the instant crime is high.

In light of this, the crime of this case is not good, and the risk of recidivism of the defendant is low.

It is difficult to see it.

Even if considering the favorable circumstances asserted by the defendant and defense counsel, such as the fact that the distance from driving a drinking free license is not long, the defendant's mistake is recognized and reflected, and the defendant's family members or shots desire to take the ship, it is determined that a strict punishment is necessary for the defendant at this time.

In the above circumstances, the punishment as ordered shall be determined by taking into account the circumstances such as the situation of driving without a license for drinking, the place of driving without a license for drinking, the defendant's age, sexual behavior, environment, family relationship, circumstances after the crime, etc.