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

Punishment of the crime

On April 1, 2008, the Defendant received a summary order of a fine of five million won or more due to a crime of violating the Road Traffic Act (drinking driving), and on May 4, 2015, by the same court, a fine of five million won or more due to a crime of violating the Road Traffic Act (dacting driving), respectively.

1. The Defendant, who violated the Road Traffic Act (drinking driving) and the Road Traffic Act (drinking driving) had been punished for a violation of the Road Traffic Act (drinking driving) more than twice. However, on October 9, 2015, the Defendant driven B Poter driving under the influence of alcohol of about 0.389% of alcohol while under the influence of alcohol without obtaining a driver’s license from a Do near the Do in the central road of Gyeonggi-gu, Seoul Special Metropolitan City, Nowon-gu, to the main road near the Hancheon-dong-dong, Hancheon-gu, Seoul Special Metropolitan City.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) operated B Poter freight cars not covered by mandatory insurance at the same time and at the same place.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of driving without a license;

1. Report on the circumstances of driving under the liquor:

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Verifying whether vehicle insurance is subscribed, etc.;

1. Previous conviction: Application of a written inquiry and a written summary order, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act; Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The following circumstances are considered in light of the fact that: (a) even though it was possible to have the record of being punished for driving for the reason of sentencing for sentencing under Articles 53 and 55(1)3 of the Criminal Act; (b) the level of alcohol again led to the instant crime; (c) the level of alcohol is very high; and (d) the distance of driving for alcohol is longer high;