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

Punishment of the crime

On August 20, 2010, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the Suwon District Court’s Eunpyeong Housing Site, and on September 20, 2012, the Defendant was sentenced to imprisonment for six months and two years for a suspension of execution, respectively. On October 31, 2014, the Defendant was sentenced to imprisonment for a violation of the Road Traffic Act (driving) at the Suwon District Court’s Pyeongtaek Housing Site, and the execution of the sentence was completed at the female prison on May 11, 2015.

On July 22, 2015, at around 23:15, the Defendant driven B vehicles under the influence of alcohol content of about 0.097% without obtaining a driving license in approximately 1km section from the front of the High School of Pyeongtaek-dong, Pyeongtaek-dong, Pyeongtaek-dong, to the front road of the Pyeongtaek-dong, Pyeongtaek-dong, Pyeongtaek-si.

As a result, the Defendant, who has driven a motor vehicle twice or more, once again, driven a motor vehicle without obtaining a driver's license at the same time under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, the notification of the results of the drinking driving control, the report on the state of drinking drivers, and the driver's license inquiry;

1. Previous records: Application of Acts and subordinate statutes on criminal records, references to criminal records, and the number and confinement status of each individual;

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. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation recognizes the facts charged in this case, and the fact that the amount of drinking alcohol in this case is relatively high may be considered under favorable circumstances. However, the defendant does not repent that the crime in this case was caused by his own illness, and the record of drinking alcohol driving reaches several times, and the period of repeated offense of the crime in this case due to drinking alcohol driving.