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

Punishment of the crime

On November 5, 2014, the Defendant was sentenced to a two-year suspended sentence of imprisonment for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse at the Gwangju High Court, and the said judgment became final and conclusive on the 13th of the same month. On January 3, 2008, the Jeju District Court was sentenced to a two-year suspended sentence of imprisonment for a violation of road traffic law, and on December 30, 2016, was sentenced to a fine of five million won for a violation of road traffic law.

On February 23, 2017, around 10:15, the Defendant driven Cpoter II cargo without a driver’s license, while under the influence of alcohol leveling 0.091% of alcohol level, on the roads of approximately 3 kilometers of approximately 0.091 km in the same east-dong in the same east-dong in the same east-dong or in front of the same east-do.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. The driver's license ledger (A);

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a response to inquiries, such as criminal history, report on investigation (A), and copy of the judgment;

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 (see, e.g., Supreme Court Decision 53Do28, Oct. 6, 2016) of the Criminal Act (see, e.g., Supreme Court Decision 2008Do1448, Oct. 6, 2016) is that the Defendant repeatedly committed the same crime as this case, despite the fact that he/she had been sentenced one time to a suspended sentence of imprisonment or six times of a fine due to the same type of crime, such as a crime of violating the Road Traffic Act ( Drinking) or a crime of violating the Road Traffic Act (non-licensed driving) in the past.