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

Punishment of the crime

[criminal power] On January 25, 2010, the Defendant was sentenced to a summary order of KRW 1,50,000 to a fine of KRW 1.5 million for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do branch on January 25, 2010; on October 7, 2015, the Defendant was sentenced to a summary order of KRW 3 million for the same crime; on September 29, 2016, the Defendant was sentenced to a suspended sentence of KRW 6 months for a violation of the Road Traffic Act (driving) in the Suwon District Court's Ansan Branch for the same offense.

【Criminal Facts】

On February 28, 2019, the Defendant, without obtaining a driver’s license on February 28, 2019, driven a D low-speed car from approximately 1 km to C apartment parking lot in the city of Heung-si with a blood alcohol concentration of at least 0.113% in the state of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, report on the status of the driver under the influence of alcohol, investigation report (report on the status of the driver under the influence of alcohol, and report on the results of drinking control;

1. Report on the situation of operation without a license, and making an automobile driver’s license;

1. On-site photographs;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); the choice of imprisonment for a crime;

1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act: The circumstances that recognize and reflect the crime of violation of the Road Traffic Act (driving) while there are three times the past records of punishment due to the crime of violation of the Road Traffic Act, which are favorable to the fact that a driver without a license for driving under the influence of drinking: The defendant's age, character and behavior, environment, family relationship, motive and circumstance of the crime, circumstances after the crime, etc., and the various conditions of sentencing as shown in the trial shall be determined as ordered by taking into account the following factors: