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 summary order of KRW 2 million for a crime of violating the Road Traffic Act in the Changwon District Court's Seoyang Branch on January 28, 2010, and a summary order of KRW 1.5 million for the same crime in the same court on January 9, 2012, respectively. On June 1, 2017, the Defendant was sentenced to a suspended sentence of 8 months for a crime of violating the Road Traffic Act (e.g., refusal of measurement of drinking), and was sentenced to a suspended sentence of 2 million for the same court on June 1, 2017. The judgment became final and conclusive on June 9, 2017.

[2] On October 4, 2017, the Defendant: (a) while drunk at around 16:40 on a blood alcohol level of 0.231%, the Defendant driven a Crash car at approximately 35 km from the entrance of the village in the East-gu, the head of the group to the front route of the entire village in the water village in the East-gu, the head of the group of the vehicle without a driver’s license.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the result 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. A previous conviction in judgment: A reply to inquiry, such as criminal history, a summary order, and the application of 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. In light of the fact that it is a crime among the probation period for the same kind of crime on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act, and that there are several penalties for the same crime, a sentence of imprisonment is inevitable.

However, considering the fact that the suspended sentence of imprisonment in the judgment is expected to be invalidated when the judgment becomes final and conclusive, and the sentencing conditions as shown in the records, such as the age, environment, motive, means and result of the crime, etc. of the defendant.