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

Punishment of the crime

[criminal history] On April 16, 2009, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violating road traffic law in the Daegu District Court Kimcheon, etc., and on April 20, 2017, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years for the same crime in the same court.

[2] On October 19, 2017, the Defendant driven a BM5 vehicle under the influence of alcohol level of 0.16% while under the influence of alcohol level of 0.16% without obtaining a driver’s license from a section of about 500 meters from the front of the 'Ying-dong' to the front of the 'Ying-dong' to the front of the 'Ying-si Sing-dong in the Gui-si, Sin-si, Seoul at around 22:40 on the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to such previous judgment document, 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 reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) of the Act on the Reduction of Small Amount of Punishment has a history of criminal punishment of six times including imprisonment with labor for the same kind of crime.

The Defendant was sentenced to imprisonment with prison labor for the same kind of crime and was under suspension of its execution, but has committed the instant crime only for six months and less.

At the time of the instant case, the alcohol concentration level of the Defendant’s blood is also high.

However, the defendant is re-convened with the crime of this case.

When this judgment becomes final and conclusive, the defendant seems to have been sentenced to imprisonment with prison labor, the execution of which is suspended, as above, will also be returned.

In full view of the above circumstances, the sentencing conditions such as the defendant's age, sex, family relationship, and circumstances after the crime are considered as ordered.