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

Punishment of the crime

[criminal history] On June 28, 2012, the Defendant was sentenced to imprisonment with prison labor for eight months and two years of suspended execution due to a violation of road traffic law at the Jeju District Court. On June 9, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of road traffic law and two years of suspended execution.

[2] On August 14, 2017, at around 04:45, the Defendant driven a D New Town XG car without a driver’s license while under the influence of alcohol concentration of approximately 0.158% from around 30 meters to the front of the same residential road in the front of the Defendant’s residential area, which is located in Seoposi City C, to the same residential area.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, on-site photographs of the accident, and on-site survey reports;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes;

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's reasons for sentencing under Articles 53 and 55 (1) 3 (i.e., the driving distance is not long) of the Criminal Act are against the defendant's recognition of the crime of this case.

However, from around 2006 to around 2017, the Defendant was sentenced to five times or punishment due to driving under drinking or without a license, and on June 9, 2017, the Defendant was sentenced to imprisonment with prison labor for 10 months due to driving under drinking at the Jeju District Court, which was sentenced to the suspension of the execution of 2 years.

Such circumstances and other circumstances as well as the circumstances leading to the Defendant to commit the crime, the alcohol content at the time of committing the crime, the age and environment of the Defendant, and the circumstances after committing the crime, etc., shall be determined in accordance with the text.