A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[criminal power] On September 21, 2006, the Defendant was sentenced to a suspended sentence of 2 months for a violation of the Road Traffic Act (driving) at the Youngju District Court’s Youngdong Branch on August 21, 2006, and sentenced to a fine of 7 million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on April 17, 2007. On March 29, 201, the Defendant was sentenced to imprisonment for three months for a violation of the Road Traffic Act (driving) at the Daejeon District Court’s Daejeon District Court on March 29, 201, and completed the execution of the sentence at the Daejeon District Court on May 27, 2013.

【Criminal Facts】

On September 29, 2013: (a) the Defendant, without obtaining a driver’s license at around 03:19, driven a Cnua car at a section of about 80km from the front of the express bus terminal at Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do to the 251-6-day Ambassador-dong.

As a result, the Defendant, who was punished twice or more due to drinking driving, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Occurrence of a violation of the Road Traffic Act (e.g., drinking and non-license), arrest report, report on detection of a drinking driver, report on the circumstantial statement of a drinking driver, and the register of driver's licenses;

1. A photograph of the result of the measurement of drinking (0.208);

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (A), investigation reports (reports on the same criminal records and confirmation of the suspect), and application of Acts and subordinate statutes to the number of individuals and confinement status;

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. Article 35 of the Criminal Act among repeated crimes;

1. The sentencing of discretionary mitigation is based on Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2007Da1448, Apr. 1,