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

Punishment of the crime

On January 17, 2011, the Defendant was sentenced to a summary order of a fine of three million won for a crime of violating road traffic laws at the Changwon District Court on January 17, 201, and on May 29, 2013, the Defendant was sentenced to a suspended sentence of six-month imprisonment for a violation of road traffic laws.

『2016 고단 4018』 피고인은 2016. 10. 23. 19:55 경 김해시 삼정동에 있는 굿 샷 스크린 골프장 앞 도로에서부터 같은 시 어방동에 있는 덕 삼탕 앞 도로에 이르기까지 약 300m 구간에서 혈 중 알코올 농도 0.072% 의 술에 취한 상태로 H 모 하비 승용차를 운전하였다.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

around 09:35 on March 14, 2017, the Defendant driven a H-non-car under the influence of alcohol content of 0.067% during blood without obtaining a driver's license from the section of approximately 500 meters from the 09:35 to the territory of the Republic of Korea in order to ensure that the Defendant was under the influence of alcohol of 0.067% during blood.

As a result, the defendant violated the prohibition of drinking at least twice, and once again drives a motor vehicle without a driver's license in violation of the above provision.

Summary of Evidence

1. Previous convictions in judgment: References about criminal history and investigation reports (formers and attachment of court rulings, etc.). "4018 Highest 4018";

1. Statement by the defendant in court;

1. Reporting on the detection of any violation of the Traffic Act (driving) on the road and a statement of the circumstances of the driver of the vehicle driving on the road: "2017 Highest 1169";

1. Statement by the defendant in court;

1. Reports on the detection of suspected victims of violating the Traffic Act on the road (driving without a license) and the statement of the circumstances of the drivers engaged in driving on the road;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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

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

1. Selection of penalty;