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

Punishment of the crime

On July 8, 2009, the Defendant was issued a summary order of a fine of one million won for a crime of violating road traffic law in the support of Sungnam-gu Office of Suwon Friwon on July 8, 2009. On May 21, 2012, the Daejeon District Court issued a summary order of five million won for the above crime. On June 28, 2013, the Defendant was sentenced to imprisonment for eight months and two years for the said crime.

On December 21, 2015, the Defendant, without obtaining a driver's license of a motor vehicle at around 21:10, driven a B Poter vehicle at a 1km section from the parking lot of a moter restaurant with a change in the Seo-west of Daejeon to the front road of the restaurant of the present engineer located in the Seo-gu of Daejeon, while under the influence of alcohol at 0.171% of alcohol during blood.

Accordingly, the defendant, who violated the prohibition of drinking without a driver's license on two or more occasions, was driving a motor vehicle again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving under drinking, and entries in the register of driver's licenses;

1. Application of the Acts and subordinate statutes stated in the investigation report (a copy of the said report attached thereto);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Determination of sentence should be made by taking account of the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, including the fourth alcohol driver since June 12, 2009 to the crime of this case, the higher alcohol concentration in blood, the higher risk of driving of cargo, the fact that a cargo has already been placed in the line of suspended execution once, and the violation of Article 55(1)3 of the Act.