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

Punishment of the crime

[criminal history] On February 25, 2008, the Defendant received a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Gwangju District Court on February 25, 2008; on June 21, 2011, the same court received a summary order of a fine of three million won for a crime of violating the Road Traffic Act; and on September 5, 2014, the same court was sentenced to a suspended sentence of one year for a crime of violating the Road Traffic Act.

[2] The Defendant: (a) was a person with the power of violating the provision prohibiting drinking driving under the Road Traffic Act not less than twice; (b) around March 31, 2018, around 01:10, the Defendant driven a car in column B while under the influence of alcohol leveling about 0.183% of alcohol level without a driver’s license in the section of about 5km from around 10,000,00 to around 10,000,000, Seo-gu, Gwangju Mine-gu, Seoul, to the 680-gil, Seo-gu, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking;

1. The driver's license ledger;

1. Relevant photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report [including summary order and judgement attached thereto] by Acts and subordinate statutes;

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. When considering the long-term history of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small quantities, the Defendant has already been punished four times or more by drinking, and the Defendant has been punished once due to driving without a license.

One of the records punished by drinking driving is a traffic accident that causes the suspension of execution.

In this regard, the defendant has driven a motor vehicle without reflectivity and without obtaining a driver's license, while drinking the motor vehicle.