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

Punishment of the crime

[criminal power] On August 20, 2008, the Defendant was issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Incheon District Court’s Busan District Court’s Branch on July 19, 201, and a fine of KRW 3.5 million as a crime of violation of the Road Traffic Act (driving) at the Incheon District Court.

On September 5, 2012, the defendant was sentenced to a suspended sentence for 8 months by imprisonment with prison labor for a violation of the Road Traffic Act or a violation of the Road Traffic Act at the Incheon District Court on September 5, 2012, and the judgment was confirmed on September 13, 2012 and is currently under suspended sentence.

【Criminal Facts】

On August 6, 2013, at around 01:40, the Defendant driven a DNA car with a blood alcohol concentration of 0.170% under the influence of alcohol without obtaining a driver’s license from the 1km section up to the roads near Songdoo Park in Yeonsu-gu Incheon Metropolitan City, to the roads in the same Dong in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of the crackdown on drinking driving, report on the circumstantial statement of a drinking-driving driver, notification on the results of the crackdown on drinking driving, response to requests for appraisal with country and water, and written appraisal;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, probationary reports, investigation reports (the same type of crime records, and confirmation of suspension of execution period);

1. Article 148-2 (1) 1, Article 44 (1) (a point of sound driving), 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 (the punishment imposed on a violation of the Road Traffic Act with more severe punishment);

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Determination of sentence: The fact that the defendant in eight months of imprisonment [fried circumstances] is said not to repeat a crime during the period of probation [fried circumstances] is on the vehicle of this case and on the vehicle of a driving vehicle at the time of drunk driving on July 1, 2012.