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

Punishment of the crime

[criminal power] On October 29, 2007, the Defendant was sentenced to a summary order of KRW 5 million for a crime of violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court on October 29, 2007; on June 8, 2012, the Defendant issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act (driving) at the Chuncheon District Court on June 8, 2012; on June 28, 2012, the Defendant was sentenced to a suspended sentence of one year for six months for a crime of violation of the Road Traffic Act (driving) at the Seocheon Branch of the Gwangju District Court on November 21, 2014; on November 21, 2014, the Defendant was sentenced to a suspended sentence of two years for a suspended sentence of imprisonment for a violation of the Road Traffic Act (driving on drinking) at the Daegu District Court Branch of the Daegu District Court on August 29, 2014.

【Criminal Facts】

Although the Defendant had had the record of violating drinking driving twice or more, on June 8, 2015, at around 10:24, the Defendant driven B rocketing car with a blood alcohol content of about 3km from the Mannam-si’s Dopung-dong road to the front road of the lux building located in about 3km of the same water vibration 3400, without obtaining a driver’s license, and driving a 0.186% alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. Registers of driver's licenses;

1. The application of the Act and subordinate statutes to references to criminal records and investigation reports (previous and verification);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant has been subject to drinking at several times, and that the defendant has been subject to a suspended sentence twice during the suspended sentence period, and even if he has been subjected to a suspended sentence on two occasions, he also conducted the pertinent driver’s license for drinking without drinking, and the defendant’s measures against the defendant are not sufficient.