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

Punishment of the crime

[criminal power] On October 31, 2013, the Defendant was sentenced to a fine of seven million won for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court (hereinafter “Seoul Northern District Court”); on June 28, 2013, the Defendant received a summary order of a fine of 4.5 million won for the same crime; on April 12, 2013, the Defendant was sentenced to a suspended sentence of two years for a violation of the Illegal Check Control Act at the Seoul Northern District Court on April 18, 2013; on November 22, 2013, the said judgment became final and conclusive on June 18, 2013; and on August 22, 2013, the said judgment was sentenced to a suspended sentence of two years for the same crime, which became final and conclusive on May 23, 2014.

【Criminal Facts】

As above, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act more than twice, was driving BK-5 vehicles at approximately 300 meters away from the road front of the “new father-dong Hostel” road located in the Dong-gu, Dong-gu, Dong-gu, Yan-si, in the state of under the influence of alcohol of 0.136% of blood alcohol content on December 2, 2014 without obtaining the driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the state of drinking drivers' statement, copy of the register of breath measuring instruments and the register of driver's licenses (A); and

1. Application of statutes on images of on-site photographs;

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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant had been subject to punishment twice for the same crime in around 2013, and the defendant is in the period of suspended execution of imprisonment due to a violation of each Illegal Check Control Act.