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

Punishment of the crime

[criminal record] On December 1, 2015, the Defendant issued a summary order of KRW 5 million to a fine of KRW 700,000 for a crime of violation of road traffic law at the Gangnam Branch of the Chuncheon District Court, and on March 7, 2008, the above court issued a summary order of KRW 70,000 for the same crime.

[2] On July 3, 2018, the Defendant, who violated the provision on prohibition of driving under the influence of alcohol twice or more, driven a coo vehicle into D while under the influence of alcohol without obtaining a driver’s license from around approximately 100 meters from the roads near Gangseo-si B, Gangnam-si to the roads in front of the same city to the roads in front of the same city, and driving a coo vehicle with alcohol content of about 0.227%.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol);

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a written inquiry, such as criminal history, to a reply to inquiry [the investigation report (the confirmation of the criminal suspect's history of driving alcohol and that of unlicensed driving power] - Court rulings,

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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment lies in a criminal record of being punished twice due to driving under drinking, and has three times the criminal record of being punished due to driving without a license.

Among them, in 2016, he was sentenced to two years of suspended sentence for four months due to non-licensed driving, and was sentenced to a fine of KRW 3 million due to non-licensed driving during the period of suspended sentence in 2017.

Nevertheless, during the period of suspension of execution, the drinking of this case and non-licenseed driving have also been high, and the drinking level is very high.

Although the suspended sentence period was imposed on the date of the instant judgment, the Defendant’s compliance consciousness is weak.