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

Punishment of the crime

[criminal history] On December 11, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Gwangju District Court on the grounds of the violation of the Road Traffic Act, and on August 10, 2010, the Defendant was sentenced to a suspended sentence of imprisonment for six months with prison labor for the same crime in the same court, etc., and has violated Article 44(1) of the Road Traffic Act two times or more.

[2] On January 2, 2016, at around 22:35, the Defendant driven a Jcller vehicle while under the influence of alcohol content of 0.061% while under the influence of alcohol without obtaining a driver’s license from around about 300 meters from the boom-dong, Seo-gu, Seo-gu, Gwangju to the roads in the same Dong from the 300-meter Bed Sclock to the roads in front of the salt farm located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, a report on detection of a driver engaged in driving, a report on the circumstances of a driver engaged in driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of inquiries about criminal history and text of judgment;

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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, driving without a license, etc. has the record of being sentenced to suspended execution in 2006 and 2010.

On April 9, 2014, the Gwangju District Court sentenced one-year suspended sentence to one-year imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court, which became final and conclusive on April 17, 2014, committed the instant crime without being aware of the fact that the judgment

Furthermore, on September 10, 2015, when the above probation period was in operation of a license without permission, etc., and was sentenced to a fine by the Gwangju District Court on November 18, 2015, and the prosecutor's appeal committed the crime of this case while the appellate trial was pending.

The sentence shall be imposed in light of such unfavorable circumstances.