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

Criminal facts

On March 31, 2011, the Defendant was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving), etc. at the Ulsan District Court on March 31, 201, and a fine of KRW 4 million for the same crime at the same court on April 27, 2016, respectively.

On October 24, 2016, the Defendant driven a motor vehicle with the alcohol content of 0.172% at around 22:35, the Defendant, without obtaining a driver’s license, at around 150 meters from C front-do to D in the racing-si.

As a result, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice, transferred a motor vehicle under the influence of alcohol, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of drivers engaged in driving, a tea inquiry, and the ledger of driver's licenses of motor vehicles;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

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;

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

1. Selection of imprisonment with prison labor chosen;

1. Circumstances that are favorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity: The defendant is subject to criminal punishment by drinking, driving without a license beyond a fine, etc. on several occasions, and the amount of alcohol concentration at the time of the instant case is somewhat small, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, and all other circumstances, which are the conditions for sentencing, such as circumstances after the crime, shall be determined as ordered by the disposition, comprehensively taking into account the following factors: