A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On March 20, 2009, the Defendant was sentenced to a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Seoul Southern District Court on March 20, 2009. On October 1, 2014, the Defendant was sentenced to a suspended sentence of 2 years by imprisonment for a violation of the Road Traffic Act at the Busan District Court's Net Branch of Gwangju District Court on October 1, 2014, and the said judgment became final and conclusive on October 9, 2014

On October 8, 2014, at around 16:35, the Defendant driven a C QM5 car while under the influence of alcohol content of about 0.092% without a vehicle driver’s license on the section of approximately 3 km from the 89-ro, Yongsan-gu, Seoul, Yongsan-gu, Seoul, to the roads 200-meter in the Dongjak-gu, Chungcheongnam-do, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers and the register of driver's licenses;

1. The application of Acts and subordinate statutes to criminal records, previous records of disposition, and results of confirmation;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has a history of being punished several times due to drinking or non-licenseless driving, driving under drinking on March 24, 2014, which was sentenced to a suspended sentence of the Gwangju District Court's net support as indicated in the judgment on October 1, 2014. The court sentenced a suspended sentence of imprisonment with prison labor in consideration of the fact that the defendant again driving under drinking even though he had a history of punishment for driving under drinking on several occasions, he/she would not drive under drinking again because the nature of the crime would go against or violate the crime and again stop driving under drinking. The defendant again sentenced to a suspended sentence of imprisonment with prison labor. After the sentence of the above judgment, the defendant is again driving under drinking under this case on seven days after the sentence of the above judgment, and other factors of sentencing specified in the arguments in this case such as family relations of the defendant.