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

Punishment of the crime

On November 28, 2018, the defendant of criminal records was sentenced to six months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Daejeon District Court on November 28, 2018, and two years of suspended execution and became final and conclusive on December 6, 2018, and is currently under the grace period.

Criminal facts

On December 20, 2018, around 17:30, the Defendant driven a clater without obtaining a driver’s license in the section of approximately 10km from the front of the west-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu., the Defendant driven a mandatory insurance without having a blood alcohol concentration of about 0.129% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, reports on the circumstantial statements of drinking drivers, and inquiry into the results of the control of drinking driving;

1. The mandatory insurance policy ledger and the automobile license ledger;

1. The application of Acts and subordinate statutes to inquiry reports on criminal records, investigation reports (Attachment to judgments on criminal records of the same kind);

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with labor for a violation of the Road Traffic Act or the Guarantee of Automobile Accident Compensation Act;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, Article 38(2), and Article 50 of the Criminal Act among concurrent offenders is that the Defendant has been subject to punishment several times due to driving without a license for drinking alcohol or without a license, and the Defendant has to repeatedly punish the same mistake even during the period of suspension of the execution for the same crime.

In addition, the age, character and conduct, degree of damage and circumstances before and after the crime, etc. of the defendant, the sentencing conditions shown in the records and arguments of this case.