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

Punishment of the crime

On January 17, 2012, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) in the Gunsan Branch of the Jeonju District Court on January 17, 2012. On February 28, 2013, the Defendant was sentenced to imprisonment with prison labor for the same crime and for two years suspended execution.

Although the Defendant had the power of driving two or more times under the influence of alcohol, the Defendant driven DK5 automobiles in the state of under the influence of alcohol without obtaining a driver’s license at approximately 500 meters from the front of the drinking road where it is impossible to identify the trade name in the Gunsan Urban Campaign on March 24, 2014 to the front of Samsung Apartment, which is located in the same city culture dong, at approximately 0.196% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry about the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, references to criminal records, and each copy of judgment;

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

1. Selection of imprisonment with prison labor chosen;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows. This case is a crime during the period of suspension of execution of the same crime, under the circumstances unfavorable to the fact that the numerical value of blood alcohol concentration of the same kind of crime is high, under the circumstances that disposal of the vehicle, and under the conditions favorable to the fact that the vehicle would not drive under the influence of alcohol, the punishment shall be determined like the order, by taking into account the favorable circumstances.