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

Punishment of the crime

On May 17, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of road traffic law (drinking) at the Suwon District Court’s Suwon District Court’s horizontal site on the same day. On September 11, 2014, the Defendant was sentenced to a summary order of KRW 2 million for the same crime, etc. in the same court. On April 9, 2015, the Defendant was sentenced to a fine of KRW 1.5 million for the same crime, etc. in the same court. On July 18, 2017, the Defendant was sentenced to imprisonment with prison labor for one year and two years of suspended execution, etc., and the judgment became final and conclusive on July 26, 2017.

On May 29, 2017, at around 23:35, the Defendant driven a B non-pin vehicle under the influence of alcohol level of 0.144% while under the influence of alcohol level, without obtaining a driver’s license from around the road in front of the Dong-dong, the Dong-dong, which occurred in the East Sea at around 23:35, to the road in front of the Dong-dong, North Dong-dong, in the same city.

Accordingly, even though the Defendant violated Article 44(1) of the Road Traffic Act not less than twice, he was driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment, etc.), text of the judgment, one copy of the judgment, and one copy of the search results of integrated cases;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. In full view of the circumstances following the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, and all the conditions for sentencing indicated in the record, including the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and the circumstances before and after the commission of the crime, the punishment as ordered shall be determined.

Unfavorable circumstances: repeatedly commits the same kind of crime.