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

Punishment of the crime

[criminal history] On September 13, 2007, the Defendant was issued a summary order of KRW 5 million for a crime of violating road traffic law (drinking driving), and a summary order of KRW 4 million for a crime of violating road traffic law (drinking driving) in the same court on August 27, 2012.

[Criminal facts] On May 19, 2016, the Defendant driven a CKan-kn-kn-kn-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger, the driver's license report on the circumstances of the driver's license, and the driver's report on the circumstances;

1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes concerning investigation reports (the automatic previous convictions and judgment);

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 punishment is determined as ordered by comprehensively taking account of the following circumstances as well as the Defendant’s age, sex, environment, the circumstances before and after the instant crime, and the circumstances surrounding the instant crime, etc., as well as all the conditions of sentencing as indicated in the record, for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act to mitigate the amount of punishment.

The favorable circumstances: (a) the Defendant committed the instant crime with the intention of committing the instant crime, which reflects his mistake in depth; (b) the occurrence of a traffic accident is not occurred; and (c) the alcohol concentration in blood is relatively low; (b) the Defendant was punished by driving without a license for drinking alcohol (two times before the suspension of execution; (c) the Defendant committed the instant crime while under the suspension of execution due to a non-licenseless driving; (d) and (e) the Defendant was punished by a non-licenseless driving; and (e) the Defendant would have high risk of repeating the instant crime.