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

Punishment of the crime

On May 17, 2010, the Defendant was issued a summary order of a fine of 1.5 million won for a crime of violating the Road Traffic Act at the Busan District Court, and on May 24, 2017, the Defendant was sentenced to a suspended sentence of 2 months for the same crime at the same court.

On July 22, 2017, at around 06:00, the Defendant driven a C rocketing car under the influence of alcohol content of about 0.146% without a vehicle driver's license from the 5km front of the Hobin-dong located in Busan, Busan, to the road front of the main stream of the Non-Uin-dong located in Busan, Seo-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

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 include: (a) the Defendant was already sentenced to a three-time fine due to drinking, driving without a license; (b) the Defendant was under the influence of drinking, driving without a license; (c) the Defendant was sentenced to a two-time or suspended sentence; and (d) the Defendant again went to commit the instant crime during the suspended sentence due to drinking driving; and (c) the Defendant was under the suspended sentence due to driving under the influence of alcohol; and (d) it seems that the purpose of punishment cannot be achieved. Therefore, the sentence

Considering the fact that the defendant seems to reflect, the punishment was determined in consideration of the defendant's age, sex, environment, motive and means of committing the crime, the circumstances after committing the crime, and other various sentencing conditions as shown in the arguments in this case.