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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On April 15, 2011, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving) in the Changwon District Court’s branch of the Changwon District. On May 26, 2011, the same court was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving). On August 28, 2014, the same court was sentenced to a suspended sentence of eight months for a violation of the Road Traffic Act (refluence of the measurement).
1. On October 29, 2014, at around 11:45, the Defendant driven Calba while under the influence of alcohol content of about KRW 0.080% without a driver’s license, at a section of about 200 meters, from the upper corner of the “Yandong,” located in the Songsung-gun, Gosung-gun, Gosung-gun, Gosung-gun, Gosung-gun, Seosung-gun, to the front corner of the station for oil supply in the same Ri.
2. On November 10, 2014, at around 17:35, the Defendant driven Daba under the influence of alcohol concentration of about 0.207% without a driver’s license, in a section of about about 500 meters from the street in front of “forsting room expenses,” located in the Sho-gun, Gosung-gun, Gosung-gun, Gosung-gun, Gosung-gun, Sung-gun, to the street in front of the same Eup.
Summary of Evidence
1. Defendant's legal statement;
1. Each host driver report;
1. Registers of driver's licenses;
1. Previous records: Application of inquiries and replies to inquiries, such as criminal records;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime, and subparagraphs 2 and 43 of Article 154 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
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 Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant committed an act of refusing to take a drunk test and run a drunkly and without a license as stated in the judgment of the court below during the period of probation, and that the defendant can have the same criminal records.