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

Punishment of the crime

On April 21, 2008, the Defendant was sentenced to a fine of 2.5 million won for a violation of road traffic law in the Gangnam Branch of the Chuncheon District Court on April 21, 2008, a fine of 2 million won for the same crime at the Jung-gu District Court on November 21, 2008, and a fine of 2 million won for a violation of road traffic law at the Incheon District Court on April 6, 201, a person who had been sentenced to imprisonment for 4 months and 2 years of suspended execution due to a violation of road traffic law at the Incheon District Court's Vice Branch Support of the Daejeon District Court on November 29, 201, and was sentenced to a suspension of execution for 8 months of imprisonment for a violation of road traffic law (driving of alcohol) at the Hongsung Branch Branch of the Daejeon District Court on December 7, 2017, and the said judgment became final and conclusive

On August 1, 2018, at around 00:26, the Defendant driven a cub car into D with alcohol concentration of about 0.169% without a driver’s license in the front road C, approximately 100 meters, located in Chungcheongnam-gun Hong-gun, Chungcheongnam-gun.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act not less than twice and driven a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;

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. The punishment is determined as ordered by comprehensively taking account of the following circumstances as well as the Defendant’s age, sex, environment, the circumstances before and after the instant crime, and the circumstances surrounding the instant crime, etc., as well as all the conditions of sentencing as indicated in the record, for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act to mitigate the amount of punishment.

Unfavorable circumstances: A person who has been punished for driving under drinking is sentenced to a fine twice, or a person who has been sentenced to imprisonment twice, but has not been aware of in the same period of suspension of execution.