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

Criminal facts

On September 10, 2015, the Defendant was sentenced to a suspended sentence of one year for six months for a crime of violating the Road Traffic Act at the Ulsan District Court on September 10, 2015, and was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act at the Ulsan District Court on May 26, 2016, and completed the execution of the sentence at the port prison on November 23, 2016.

On June 17, 2018, the Defendant, without a motor vehicle driver’s license, driven Done Star Co., Ltd. at approximately 3 km from the south-gu B market in Ulsan to the front of the same Gu, while under the influence of alcohol content of 0.128%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating the driving of drinking alcohol, reports on the circumstances of the driving of drinking drivers, reports on the situation of the driving of drinking drivers, and the driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, current status of personal confinement, investigation report (Attachment to the same type of judgment, etc.);

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small volume is not only higher than the level of alcohol concentration, but also higher than the non-licenseed driving. The defendant was sentenced to a fine for the crime of violating the Road Traffic Act (driving) in 2015, in addition to the criminal records in the judgment of the court. This is the second 3-level driver at the same time as the second 4th non-licenseed driving, the defendant was sentenced to imprisonment with prison labor for the crime of violating the Road Traffic Act (driving) and the violation of the Road Traffic Act (non-licenseed driving). Furthermore, the defendant completed the execution of imprisonment with prison labor for the crime of violating the Road Traffic Act (driving), while driving without a license during the repeated period, and the risk of recidivism is extremely high, and the sentence of imprisonment with prison labor is inevitable.