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

Criminal facts

【Criminal Records of Crimes】 On September 8, 201, the Defendant was sentenced by the Ulsan District Court to a fine of KRW 2 million for a violation of road traffic laws (drinking driving), and a fine of KRW 4 million for the same crime at the same court on November 4, 2015.

[A] On January 16, 2017, the Defendant driven a B rocketing car from approximately 5km to the front of the middle distance of the Ulsan-gun criminal affairs in the Ulsan-gun, Ulsan-gun, under the influence of alcohol content of 0.117% during blood without obtaining a driver’s license for a motor vehicle on January 16, 2017.

Accordingly, the defendant, without a driver's license, was subject to criminal punishment on two or more occasions due to drinking, driving a motor vehicle again.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of crackdown on the driving of alcohol, inquiry of the results of crackdown on the driving of alcohol, report on the situation of the driver of alcohol, and the register of driver's

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to judgments of the same kind as the suspect);

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. For the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity, considering the following factors: (a) the degree of alcohol concentration among the blood of this case is high; (b) the driving without a license; (c) the Defendant was sentenced to imprisonment with prison labor for drinking and non-licenseing driving in 2004 in addition to the criminal records as indicated in the judgment; and (d) the Defendant was sentenced to imprisonment with prison labor for other traffic-related crimes, 4 times as well as two times as a fine.