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

Punishment of the crime

[criminal history] On November 22, 2013, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating road traffic laws at the Ulsan District Court, and on May 31, 2017, the Defendant was sentenced to imprisonment for eight months and two years of suspended execution.

[2] On June 19, 2017, at around 22:00, the Defendant driven a three-way car under the influence of alcohol concentration of about 0.170% while under the influence of alcohol in blood without obtaining a driver’s license from around the 3302 m. from the front line of the trade name in Jin-si, Jin-si, Kim Young-si to the front line of the 3302 m. Kim Young-si, the same Eup Kim Young-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger (A);

1. Previous convictions in judgment: Application of a reply letter to inquiry, such as criminal history, (A), investigation report (formers and binding reports, such as judgments, etc.);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount, acknowledges the instant crime, and the defendant would not drive a non-exclusive license for drinking, such as selling driving vehicles.

The accident did not occur due to the driving without a license for drinking in this case.

However, even if the Defendant was sentenced to suspended sentence on May 31, 2017, the Defendant committed a crime of violation of the Road Traffic Act (drinking driving) or a violation of the Road Traffic Act (drawing driving without a license) and was sentenced to suspended sentence on May 31, 2017, again again committed a crime before 20 days have passed, and the drinking value is high.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances in the records and arguments, such as the age, sex, environment, motive and background of the crime, and circumstances after the crime.