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

Punishment of the crime

[criminal history] On July 27, 2007, the Defendant was sentenced to a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court, on January 21, 2013, a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court, and on April 5, 2013, the Seoul Southern District Court issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court. On September 1, 2015, the Defendant was sentenced to a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court, and on September 15, 2017, the above sentence became final and conclusive on September 23, 2017.

[2] On June 12, 2017, the Defendant driven BM525 cars while under the influence of alcohol leveling 0.201% without obtaining a driver’s license from around the 23:43 Gambling-dong near the Gambak-si, Seoyang-gu, Seoyang-gu, Seoyang-si to the front road of the Gamban Hospital located in Goyang-si, Seoyang-gu, Seoyang-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous conviction: Application of criminal history inquiry, sentence, and summary order-related Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The Defendant, on the grounds of sentencing Articles 53 and 55(1)3 of the Criminal Act for mitigation of small quantities (a favorable condition considered as the following grounds for sentencing), has a record of being punished for driving under drinking several times prior to the instant case, and in particular, on September 1, 2015, the Seoul Southern District Court has committed a violation of the Road Traffic Act (breathing) in Seoul Southern District Court.