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

Punishment of the crime

[criminal history] On May 10, 2003, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act in the Gwangju District Court's net support. On February 15, 2011, the Defendant was issued a summary order of 2.5 million won for a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licensed driving) in the same court. On October 20, 201, the Defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act (non-licensed driving) and a violation of the Road Traffic Act (non-licensed driving) in the same court. On June 24, 201, the Defendant was sentenced to a suspended sentence of two years for six months.

[2] On July 13, 2018, the Defendant driven a B observer car in the 8km section from the front side of the inland village located in the Mayang-si forest (the Mayang-si) with alcohol level of 0.101% under the influence of alcohol during blood on July 13, 2018 without obtaining a driver’s license for a motor vehicle, to the sloping bridge located in the same city (the Mayang-si).

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice without a driver’s license, and driving a motor vehicle under the influence of alcohol again in violation of this provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. References to inquiries, such as criminal history, each summary order, and the application of statutes on written judgments;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of amount is that the defendant was sentenced to a suspended sentence for the same kind of crime, on the other hand, the defendant is against himself/herself, and the blood alcohol concentration is not high, and the defendant's age, sex, family relationship, environment, circumstances, and consequence of the crime.