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

Punishment of the crime

On April 19, 2010, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and on November 11, 2010, the Defendant issued a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court, and on March 9, 2012, the Defendant was sentenced to a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court, Daejeon District Court, and on April 19, 2013, the Defendant was sentenced to a suspended sentence of KRW 2 for August.

On April 10, 2014, at around 20:05, the Defendant driven C truck under the influence of alcohol content of about 0.106% without obtaining a driver’s license from a section of about 1km in front of the new funeral station located in the Chungcheongnam-gun Budget Eup to the original roads of the same Eup to the original roads of the new funeral station in the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of a reply to inquiry, such as criminal records, investigation report (in four copies, such as a written judgment and summary order);

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 reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are not only four times in total, but also two times in total that the Defendant was punished for drunk driving for the last four years. In particular, on April 19, 2013, the Defendant was sentenced to suspended sentence because of a large-scale accident during drunk driving under the influence of a license without permission.