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

Punishment of the crime

[criminal history] On May 27, 2015, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violation of road traffic law at the Ulsan District Court, on September 2, 2015, to a fine of KRW 3 million for a crime of violation of road traffic law at the Ulsan District Court, and on September 2, 2015, to a summary order of KRW 3 million for a crime of violation of road traffic law at the Ulsan District Court, respectively, and on May 3, 2016, the Defendant was sentenced to a suspended sentence of 6 months for a crime of violation of road traffic law at the Ulsan District Court.

[Criminal facts] On May 21, 2018, the Defendant driven Ckiki vehicle under the influence of alcohol leveling 0.075% while under the influence of alcohol leveling 0.075% without obtaining a driver’s license from around the front of the “B” road located in Ulsan-gu, Ulsan-gu, Seoul-do to the front of the same road in the same Gu.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. The driver's license ledger;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions in judgment: Inquiry about criminal history, application of each summary order and copy of judgment of Acts and subordinate 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. The punishment provided for in Articles 40 and 50 of the Criminal Act for the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act (non-licenseed driving), and the punishment provided for the crimes of violation of the Road Traffic Act, of which punishment is heavier;

1. Selection of imprisonment with prison labor chosen;

1. The instant crime with the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter “reason for sentencing”), is under the influence of alcohol even though the Defendant had been punished for driving two times or more.