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

Punishment of the crime

On August 31, 2016, the Defendant is a person who has violated Article 44(1) of the Road Traffic Act by receiving a fine of KRW 2.5 million as a crime of violating the Road Traffic Act at the Busan District Court on August 16, 2018, and a fine of KRW 6 million as a crime of violating the Road Traffic Act at the Busan District Court on August 16, 2018.

On August 31, 2018, at around 05:30, the Defendant, without a driver’s license, driven B rocketing car with a alcohol level of 0.117% during blood while under the influence of alcohol. On August 31, 2018, the Defendant driven approximately 10km from the vicinity of Busan Jin-gu to the entrance of Busan High-dong IC, Busan High-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report, etc. on the situation of the driver at home;

1. The driver's license ledger;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. Driving under the influence of alcohol after a violation of relevant provisions of the Act on the Traffic of Roads on the grounds of the crime: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. In full view of the fact that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, despite the fact that the Defendant had already been punished twice due to drinking driving, etc., the Defendant led to the instant drinking and non-licensed driving, and thus, the risk of recidivism is high, and the Defendant appears to require strict punishment in light of the degree of alcohol concentration during the instant blood transfusion, the state of driving at home, etc., the sentence of imprisonment as ordered shall be imposed.