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

Punishment of the crime

On March 22, 2007, the Defendant was sentenced to a fine of 4 million won due to a violation of the Road Traffic Act (drinking driving), etc. at the Daegu District Court on March 22, 2007, and on August 25, 2010, the Defendant was sentenced to a punishment of 6 months for the same crime, etc.

On October 28, 2016, the Defendant driven a B-car at a section of approximately 500 meters from the Jeju-gu Seoul Metropolitan Government Jeju Metropolitan City, Seoul Metropolitan City, without obtaining a driver's license, while under the influence of alcohol level of 0.10% among blood transfusions around 22:09, the Defendant driven a B-car at the same section of approximately 500 meters from the Jeju Metropolitan City, Nowon-gu, Seoul Metropolitan City, to the northwest of the same name.

Therefore, even though the Defendant violated the prohibition of drinking at least twice, the Defendant used a motor vehicle under the influence of alcohol, while driving the motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in driving and the driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Driving under the influence of alcohol on the relevant criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license for driving under the same Act: Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

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. Selection of imprisonment with prison labor chosen;

1. Since the reason for sentencing under Articles 53 and 55(1)3 of the Act on the Mitigation of Small Quantity Mitigation, since 2003, a number of fines due to drinking and unlicensed driving, suspension of the execution of imprisonment, imprisonment with prison labor, and repeats the driving of drinking and non-driving even after being punished as imprisonment with prison labor. In particular, although a non-license has not been initially obtained a driver's license from the beginning, it is highly likely to criticize the driving of a motor vehicle by purchasing the motor vehicle and driving without the driver's license, it is difficult to see that there are special circumstances for driving under drinking and without the driver's license from the beginning, and the necessity for suppressing similar crimes and the age, character, environment, etc. of the