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

Punishment of the crime

On July 12, 2013, the Defendant was sentenced to a summary order of a fine of four million won due to a violation of road traffic law in the support of the Daejeon District Court on July 12, 2013. On April 27, 2017, 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 Daejeon District Court on the Incheon District Court on April 27, 2017, and the said judgment became final and conclusive on May 5, 2017.

On May 16, 2017, at around 11:30, the Defendant driven CEX car while under the influence of alcohol level of about 0.174% while under the influence of alcohol level of 0.174% in blood, without obtaining a driver’s license, from the front of a mutually unclaimed restaurant located in the Southern-gu, Chungcheongnam-gu, Seoul Metropolitan City through the repair hot spring from the front of an Eup/Myeon of an Eup/Myeon in iasan-si, through the repair hot spring of an Eup/Myeon in iasan-si.

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (verification of the same kind of force);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The punishment shall be determined as ordered in consideration of the various sentencing conditions indicated in the instant trial proceedings, including the following: (a) a person who is subject to criminal punishment several times for the same kind of crime for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act; (b) a person who is sentenced to a suspended sentence of imprisonment for the same kind of crime; (c) more than ten (10) days after the decision became final and conclusive; (d) a person is highly likely to repeat the crime during the suspended sentence period; (e) the drinking volume is considerable