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

Punishment of the crime

[criminal history] On May 23, 2008, the Defendant was issued a summary order of KRW 3 million for a crime of violating road traffic law in the Incheon District Court's Busan District Court's Branch on May 23, 2008, and a summary order of KRW 3 million for the same crime at the Ulsan District Court on November 30, 2015, respectively. On November 16, 2017, the Defendant was sentenced to a suspended sentence of KRW 6 months for the same crime in the same court on November 16, 2017 and was sentenced to a suspended sentence of one year for the same month. The judgment became final and conclusive on the 24th of the

[2] On February 23, 2018, the Defendant driven a vehicle with approximately 1 km from the boomed road near Ulsannam-gu, Ulsan-gu, Seoul-do, to the 155-ro 13rd road, Samsan-ro 155, without obtaining a driver’s license for a motor vehicle on February 23, 2018, while under the influence of 0.144% alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

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

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (Attachment of a copy of the judgment of the same type of crime), each summary order and copy of the judgment, and the application of statutes;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of imprisonment with prison labor chosen;

1. The instant crime on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter “reasons for sentencing”), where the Defendant was found to have been aware of a previous drinking driving and the driver’s license was revoked, causes a traffic accident that causes the vehicle parked while driving a motor vehicle during the daytime.