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

Punishment of the crime

On December 31, 2015, the Defendant was issued a summary order of KRW 3 million for a crime of violating road traffic law (drinking) in the Changwon District Court's Jinju branch on December 31, 2015.

1. On July 7, 2016, around 01:45, the Defendant driven a DNA rocketing car with a alcohol content of 0.123% under the influence of alcohol while under the influence of alcohol without obtaining a driver’s license from a section of about 1km from the front line of the Stori Island located in the Jindong-dong, to the front line of the same Sindong-dong.

2. The Defendant driven the said car under the influence of alcohol concentration of 0.105% in blood without obtaining a driver’s license from about 400 meters from the front day of the Defendant’s house E in Jinju-si to the front day of Cheong Water Pool in the same city-dong on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on driving of alcohol, statement of the circumstances of the driver driving, inquiry of the results of crackdown on driving of alcohol, and the register of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, (A), report on investigation (a) and a copy of the previous judgment, and a summary order);

1. Article 148-2(2)2 of the Road Traffic Act and Article 44(1) of the same Act (the point of drinking on July 7, 2016, 01:45) concerning criminal facts; Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (the point of driving without a license) concerning each of the roads; Articles 148-2(1)1 and 44(1) of the Road Traffic Act (the point of driving at around July 7, 2016, 200: the point of driving under drinking around July 00)

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Act on Reduction of Small Quantity, even though the Defendant had been punished three times due to drinking driving, and three times due to non-licensed driving, the Defendant committed each of the instant crimes. On the day of the instant case, the Defendant was discovered by drinking or non-licensed driving on the day of the instant case, and was returned to the police officer, and thereafter, he was under the influence of drinking or non-licensed driving.