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

Punishment of the crime

[criminal power] On November 19, 2007, the Defendant was sentenced to a summary order of a fine of two million won for a violation of the Road Traffic Act (driving) at the Cheongju District Court on November 19, 2007; on January 5, 2010, the Defendant was sentenced to a suspended sentence of six months; on July 13, 201, the Defendant violated Article 44(1) of the Road Traffic Act by a fine of five million won due to a violation of the Road Traffic Act (driving) at the Pyeongtaek District Court’s site; on July 13, 2011, the Defendant was sentenced to a fine of five million won or more.

【Criminal Facts】

On June 9, 2016, the Defendant driven a chip car under the influence of alcohol with approximately 200 meters alcohol concentration of about 0.121% from the section of approximately 200 meters to the front road of the Dong-si market in Bupyeong-gu, Seoul Special Metropolitan City to the front road of the same Eup.

At around 22:20 on August 4, 2016, the Defendant driven B-low-water vehicle under the influence of alcohol with approximately 0.104 percent of alcohol alcohol concentration without obtaining a driver's license in the section of approximately 2 kilometers from the roads in the safe market in the Bupyeong-gu Eup of Pyeongtaek-si to the roads in the same Eup Eup.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of each host driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to summary orders);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting the crime;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Determination on the application of sentencing guidelines for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: consideration of all the circumstances, including the fact that there was an accident caused by a drunk driving in the past that is not subject to application, the fact that the suspended sentence was issued two or more times due to the same kind of crime, and the fact that drinking and driving without license has been repeated again;