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

Punishment of the crime

On August 9, 2012, the defendant issued a summary order of 4.5 million won for a fine of 4.5 million won for a violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court on August 9, 2012, and on January 18, 2013, a fine of 5 million won for a violation of the Road Traffic Act and a violation of the Road Traffic Act (free license) in the same court. On November 12, 2015, the defendant was sentenced to imprisonment of 10 months for a violation of the Road Traffic Act and 2 years for a suspended sentence.

On March 22, 2019, at around 21:20, the Defendant driven a fwing-III cargo vehicle under the influence of alcohol concentration of 0.098% without obtaining a driver's license from the front of the Cmedical Center located in Thai-gun B to the front of the E convenience store located in D, and without obtaining a driver's license in the 3km section from the front of the Cmedical Center located in Thai-gun B.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report, the notification of the results of the drinking driving control, the circumstantial statement and the driver's license register;

1. Criminal records, inquiry reports, investigation reports, and application of statutes of the judgment;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act was that the Defendant was sentenced to a suspended sentence of imprisonment due to drunk driving and driving without a license. In 2015, the Defendant was engaged in drunk driving without a license even though he was sentenced to a suspended sentence of imprisonment due to drunk driving.

The blood alcohol concentration level is also reasonable.

However, the fact that the defendant confessions the crime and repents the mistake shall be considered in favor of the favorable circumstances.

Other circumstances shown in pleadings, such as the age, character and conduct, environment, family relationship, circumstances after the crime, and circumstances after the crime, etc. shall be determined as the sentence as ordered.