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

Punishment of the crime

On August 25, 2009, the Defendant was sentenced to a suspended sentence of one year for four months due to a violation of road traffic law in the support of the Southern District Court of the Jeonju on the ground of a violation of road traffic law, and on February 6, 2018, the Defendant was sentenced to a suspended sentence of two years for six months due to a violation of road traffic law in the support of the Southern District Court of the Jeonju on the ground of a violation of road traffic law

On February 15, 2018, the Defendant driven an E non-stop vehicle under the influence of alcohol content of 0.136% while under the influence of alcohol without obtaining a driver’s license from a section of approximately 2km from the front of the East-si, Namwon-si, the Defendant’s East-si, the south-si, to the front of the 49-4 filling-si, the same city of the same city of the Gu of the Republic of Korea to the front of the 49-4-day filling-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to previous rulings) and 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing conditions are considered as favorable among the reasons for sentencing) of the Act on the Mitigation of Small Quantity are as follows: (a) the Defendant had already been punished several times due to driving without a drinking license; and (b) the Defendant committed the instant crime of the same kind without being aware even though he had been in the period of suspension of execution due to the previous crime of driving without a drinking license.

In light of these circumstances, it is inevitable to punish the defendant with severe punishment.

However, the circumstances favorable to the defendant are that the defendant reflects, the distance of driving without a license for drinking of this case is not clear, and that the defendant is a disabled person of class 4 of the delay disability.