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

Punishment of the crime

[criminal power] On July 16, 2008, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) in the Changwon District Court's branch on July 16, 2008. On May 3, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (driving) and was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (driving) on at least two occasions.

In addition, on June 25, 2014, the Defendant was sentenced to six months of imprisonment due to a violation of the Road Traffic Act (unlicensed Driving) in the same support and completed the execution of the sentence at the detention house on December 22, 2014.

【Criminal Facts】

On April 29, 2015, at around 00:45, the Defendant driven a C Poter, which was not covered by mandatory insurance without a vehicle driver’s license, in a section of about 25 km from the front of the C Poter in the Chang-gun, Chang-gu, Seoul Special Metropolitan City to the front of the Gyeongnam Development-gun, the upper half of which is 0.109% of the blood alcohol concentration, without a vehicle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Mandatory insurance policy;

1. Previous records: Application of Acts and subordinate statutes to criminal records, investigation reports (report on the identity of a suspect, filing of a written judgment, and confirmation of the expiration of the last term of punishment

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act, with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the crime of running a motor vehicle in a manner that is heavier than the punishment];