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

Punishment of the crime

On October 12, 2009, the Defendant was sentenced to a summary order of a fine of three million won for a violation of the Road Traffic Act at the Changwon District Court, and on February 19, 2013, the Defendant was sentenced to a suspended sentence of two years for six months at the Busan District Court due to a violation of the Road Traffic Act (driving) and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving).

1. On October 25, 2015, the Defendant, without obtaining a driver’s license at around 22:00 on October 25, 2015, driven a halog car at approximately 500 meters Esbomb in the section of approximately 500 meters, from the mutual infinite finite finite in the water-to-Eup in Yangnam-si, Yangnam-si to the roads front of the same Rido fourth apartment.

2. On April 23, 2016, the Defendant, who had a drinking alcohol driving force twice or more as above, driven an ESF 2.0 TDI car in the name of Esbro-F in the name of 0.175% under the influence of alcohol, without obtaining a driving license, from a vehicle driving license at a section of approximately 14.7km and driving a vehicle in the name of Esbane 2.0 TDI car in the name of her mother F while under the influence of alcohol at approximately 14.7km from the subway Station in front of the Southern-si subway Station in Yangyang-si, Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the state of state of drinking drivers, and reports on the results of the control of drinking driving;

1. Application of the statutes on the register of driver's licenses;

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant, including the instant case, has been under the influence of drunk driving since six times since 2007, and the drinking driving is habitually deemed to have been under the influence of alcohol. In addition, even though the Defendant, who caused an accident while driving under the influence of alcohol, was subjected to the suspension of execution, once again repeated the drinking driving after the period of the suspension of execution.