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

Punishment of the crime

[criminal history] On November 22, 2010, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's net support on November 22, 2010, and a fine of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) on May 6, 2013. On March 29, 2018, the above court was sentenced to a suspended sentence of one year for a crime of violating the Road Traffic Act (drinking driving), and the judgment became final and conclusive on April 6, 2018.

[Criminal facts]

1. On December 12, 2017, the Defendant was under the influence of alcohol 0.131% of alcohol concentration in blood on a section of about 500 meters to the front road of the Young Car Center located at about 17 m3-1, a c observer car in the 17th salary fluoric acid 17 in the summer-si at the time of drinking.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving of a motor vehicle without obtaining a driver’s license at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (applicable to the same kind of drinking driving force);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, 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. Circumstances unfavorable to the reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of a small amount of punishment: Although the defendant had been punished several times due to a violation of traffic laws on roads, he/she again commits the same kind of crime, and in particular, is prosecuted due to a violation of traffic laws on roads (driving) (this Court).