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

Punishment of the crime

On June 15, 201, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act in the Chungcheong District Court's Chungcheong Branch's Assistance, and was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act in November 1, 2011. On July 1, 201, the Defendant was sentenced to imprisonment for a violation of the Road Traffic Act in the Chungcheong District Court's Chungcheong Branch's Assistance, and completed the execution of the sentence in the official prison on July 1, 2012. On May 19, 2014, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act.

On November 6, 2014, the Defendant, without a car driver’s license, driven the BM3 car volume owned by himself in the section of about 1 km from the upper corner of the “Lari” located in the Gari-riririririririririririri, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, and from the upper corner of the same Eup to the front street near the 313-2 Simriririririri, the Defendant was under the influence of 0.194% alcohol level without a car driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case, report on the situation of driving under the influence of alcohol, notification on the control of drinking alcohol, and statement on the state of drinking alcohol;

1. An inquiry into the enemy and the driver's license ledger;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records and attachment of judgment, and report on confirmation as to whether a repeated crime is committed);

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has the history of having already been punished several times due to drunk driving, etc., and the sentence is inevitable on the ground that the defendant again committed the same crime during the period of repeated crime and was sentenced to a fine again during the period of repeated crime, which is highly likely to repeat the crime of this case, and thus, commits the crime of this case.

However, the sentencing conditions specified in the records and arguments of this case, such as the fact that the defendant recognized the crime, reflects it, etc., shall be determined as ordered.