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

Punishment of the crime

On April 21, 2010, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on Seoul Central District Court on December 15, 201, a fine of four million won for a violation of the Road Traffic Act (driving) at the Goyang Branch on December 15, 201, and on September 18, 2015, the Defendant was sentenced to imprisonment of eight months and suspension of execution for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (driving Vehicles) at the Goyang Branch Branch on March 26, 2015, and the said judgment became final and conclusive on September 26, 201.

On September 11, 2015, the Defendant, who was punished two or more times for the violation of the Road Traffic Act, was driving a B rocketing car under the influence of alcohol concentration of about 0.267% from the 200-meter section to the front day of the 200-meter radius from the 200-meter radius before the 200-meter radius, without obtaining the driver’s license on September 22, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on drivers and the register of driver's licenses;

1. An investigation report (involving the results of the control of sound driving);

1. Records and previous records of judgment: Application of criminal records, inquiry reports and investigation reports (Attachment to the same type of judgment, etc.);

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 with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 (see the reasons for sentencing) of the Criminal Act for discretionary mitigation has already been punished twice due to drunk driving, and further, on April 15, 2015, the Defendant was tried to commit the instant crime while having escaped from a traffic accident and again committed the instant crime. The instant blood alcohol concentration is very high for the Defendant.