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

Punishment of the crime

On August 11, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act in the Gangnam Branch Branch of the Chuncheon District Court on August 11, 2016, and completed the execution of the sentence in the Gangnam Prison on November 16, 2016.

On September 11, 2018, at around 04:30, the Defendant driven a two-wheeled vehicle C 124c or a two-wheeled vehicle without obtaining a motorcycle driver’s license in the state of alcohol alcohol concentration of about 0.201% from the road No. 300 meters to the national highways No. 2 (7).

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Report on the occurrence of a traffic accident, report on the actual situation, report on the control results of drinking driving, report on the situation of a drinking driver, report on the circumstances of a drinking driver, and the register of driver's licenses;

1. Blucking images;

1. Previous records of judgment: Application of criminal history records, criminal investigation reports (verification of the same kind of force, and confirmation of repeated crimes) Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following sentencing grounds) are as follows: (a) the Defendant recognized all of the instant crimes; and (b) repented and reflected his mistake.

However, it includes the fact that the Defendant was sentenced to a fine in 2006 due to drinking driving in 2006, a fine in 2013, a traffic accident during drinking driving in 2016, and a criminal punishment in 2016 due to the escape of a large number of criminal records, despite the fact that the Defendant again committed each of the instant crimes during the period of repeated crimes, and that the blood alcohol concentration at the time of driving is very high, and that the occurrence of an accident that shocks other vehicles has occurred.