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

Punishment of the crime

[criminal power] In the Seosan Branch of the Daejeon District Court on September 13, 2007, the Defendant issued a summary order of KRW 2 million to a fine of KRW 5 million for a violation of the Road Traffic Act, on June 22, 2012, a summary order of KRW 5.5 million to a fine of KRW 5 million for a violation of the Road Traffic Act, and on July 25, 2014, in the same court on July 25, 2014, the Defendant was sentenced to three years of suspension of execution for a year of imprisonment for a violation of the Road Traffic Act, and the said judgment became final and conclusive on August 2, 2014.

【Criminal Facts】

On March 13, 2015, at around 02:10, the Defendant driven a CM520 vehicle while under the influence of alcohol level 0.176% without obtaining a driver’s license from the outdoor parking lot of the SM520 in the area of approximately 200 meters from Seosan-dong, Seosan-si to the road front of the mountain village of Seosan-dong.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. The driver's license ledger;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification during the period of the suspension of the execution of a suspect and reporting attached to judgments, etc.);

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. 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. The records of the instant case, even though the Defendant’s reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is deemed to be against the mistake, the Defendant committed the instant crime during the suspension period of execution due to the same kind of crime even though he/she had the record of five times punishment due to the same crime.