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

Punishment of the crime

On July 6, 2012, the Defendant was issued a summary order of a fine of four million won for a crime of violating the Road Traffic Act at the Busan District Court on July 6, 2012, and on November 26, 2014, the Defendant was sentenced to a suspended sentence of two years for imprisonment with labor for a crime of violating the Road Traffic Act.

On July 19, 2017, the Defendant, without obtaining a driver's license of a motor vehicle, driven B Poter in the section of about 15km from the front of the apartment that was in the Busan Shipping Daegu return dong in the state of alcohol concentration of 0.059%, to the front of the apartment that was in the Busan Shipping Daegu return dong, Busan, Seocheon-dong, Busan to the front of the apartment.

Therefore, even though the Defendant violated two times or more due to drinking, the Defendant was driving a motor vehicle under the influence of alcohol as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as 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 (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 reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of amount is that the defendant went to commit the instant crime even if he/she was punished twice due to drinking, driving without a license, or one-time suspended sentence, and it is difficult to achieve the purpose of punishment due to a fine or a suspended sentence.

The sentence shall be sentenced as it appears.

Considering the fact that the defendant seems to reflect, the punishment was determined in consideration of the defendant's age, sex, environment, motive and means of committing the crime, the circumstances after committing the crime, and other various sentencing conditions as shown in the arguments in this case.