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

Punishment of the crime

[criminal history] The defendant was sentenced to a fine of 1.5 million won for a crime of violation of road traffic law in the Gwangju District Court's net support on January 9, 2008, a fine of 2.5 million won for a crime of violation of road traffic law (dacting driving) in the same court on July 5, 2010, and a fine of 2.5 million won for a crime of violation of road traffic law (dacting driving) in the same court on October 12, 2017, and was sentenced to 6 months of imprisonment and 2 years of suspended sentence for a crime of violation of road traffic law (dacting driving)

[2] On January 8, 2018, the Defendant, without a driver’s license of a motor vehicle, driven an I K5 vehicle from the 1km section of approximately 1km from the road front of the Ariju cafeteria cafeteria 54-8, which was under the influence of alcohol by 0.129% during blood, to the same new month, in the state of under the influence of alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of regulating driving of alcohol, a statement of the circumstances of the driver of the driver's license, and a report on the situation of driving;

1. The driver's license ledger and the driver's license ledger;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind as the suspect);

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for the mitigation of weight: (a) there is a need for strict punishment in light of the risk of driving alcohol; (b) there is three times the history of punishment for the same kind of crime is three times; (c) the driving of the instant drinking and non-licenseless driving without being aware of the fact that the person was under suspension of execution due to the same kind of crime; (d) the circumstances that the degree of alcohol concentration among the blood transfusion of this case is considerably high: recognition of and reflects the mistake; and (e) there is no traffic accident while driving the instant case; and (e) the motive and background of the crime, means of the crime, driving distance, and the circumstances after the crime.