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

Punishment of the crime

[criminal power] On September 7, 2006, the Defendant was issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Incheon District Court. On the 15th of the same month, the Defendant was issued a summary order of KRW 2.5 million for the same crime at the Seoul Eastern District Court. On May 3, 2016, the Defendant was sentenced to a suspended sentence of six months for imprisonment with prison labor for the same crime at the Namwon Branch Branch of the Jeonju District Court for the same crime, and the probation period is currently under suspension of execution.

【Criminal Facts】

On May 16, 2016, the Defendant driven C1 ton cargo at a section of about 8 K m from the front of the Myeon Office to the front road of the Myeon Office in the same city, if the Defendant was under the influence of alcohol at 0.376% of the blood alcohol concentration, without obtaining a driver’s license at around 12:34, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (report attached to the same attached records, etc.);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The fact that there exists a record of criminal punishment several times for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, driving under drinking, which was sentenced to a suspended sentence on May 3, 2016 by this court before the lapse of the suspended sentence as a result of drinking driving, which again conducted drinking, driving without obtaining a license, and the fact that the blood alcohol content content of the instant case was considerably high, the speech and walking state at the time of detection was considerably high, and that the behavior and walking state were not normal, and that the Defendant driven a dangerous vehicle to the degree of reporting by the surrounding driver, the sentence of punishment cannot be exempted because the possibility of criticism is high.

However, the defendant is the same as the defendant is in opposition.