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

Punishment of the crime

[criminal record] The Defendant was issued a summary order of one million won for a crime of violating road traffic law (doning under drinking), in support of Sungnam-gu Office of Friwon on December 10, 2014, and was sentenced to a summary order of five million won for the same crime in the same court on July 19, 2015, and was sentenced to a summary order of five million won for the same crime on January 8, 2016 and was sentenced to two years of suspended sentence for the same crime on January 16, 2016, and was determined as of January 16, 2016, and was in violation of the prohibition of driving under the influence of alcohol on at least two occasions.

[2] On April 2, 2017, at around 22:57, the Defendant driven a vehicle with CM520 vehicle without obtaining a driver’s license from approximately 50 meters section from the front day of the Girs Hospital in Seongbuk-gu, Sungnam-si to the front road of the same Plus Hospital in this case to about 0.054% of alcohol content during blood.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and driving a car without obtaining a driver's license in the influence of alcohol.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Inquiry into fact;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (reports on the same criminal record and confirmation, etc.

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. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Prosecutor’s opinion - Two years of imprisonment;

2. Determination - Imprisonment with prison labor for a period of eight months, taking into account the defendant's history of drinking over several times.