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

Punishment of the crime

[criminal history] On February 10, 2009, the Defendant issued a summary order of KRW 2 million to the Busan District Court for a violation of the Road Traffic Act (drinking driving), the summary order of KRW 4 million to the same court on May 19, 2009 for a violation of the Road Traffic Act (drinking driving), and the summary order of KRW 5 million to the same court on March 13, 2013 for a violation of the Road Traffic Act (drinking driving).

[2] On October 20, 2015, around 23:50 on October 20, 2015, the Defendant driven a passenger car with C with alcohol content of about 100 meters from the front of the guard room near the entrance of the Busan G apartment to the front parking lot of about 105, to the above apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Making a statement on the circumstances of the driver involved in driving, making a report on detection of the driver involved in driving, and making inquiries about the results of regulating drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgement, etc.);

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor by repeating the same kind of crime;

1. Although the Defendant was sentenced to imprisonment for 4 months and one year of suspended execution due to a crime of violating the Road Traffic Act (unlicensed Driving) on December 24, 2013, in addition to the previous convictions as stated in the reasoning of sentencing of Articles 53 and 55(1)3 of the Criminal Act (i.e., circumstances, etc., considered as the grounds for sentencing), the Defendant is sentenced to so-called punishment for the instant crime at the same time.

Provided, That the amount of punishment shall be mitigated and the punishment shall be determined in consideration of the circumstances, such as the background and distance of driving after the defendant has driven by proxy.