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

Punishment of the crime

On November 30, 2007, the Defendant was sentenced to a fine of 5 million won for a violation of the Road Traffic Act (driving) in an Ansan Branch of the Suwon District Court on November 30, 2007, and was sentenced to a fine of 6 months for a violation of the Road Traffic Act (driving) in the Jungyang Branch of the Jung-gu District Court on October 22, 2009, and was sentenced to a fine of 3 million won or more for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on June 7, 2013, and was sentenced to a fine of 3 million won or more for a violation of the Road Traffic Act.

On March 20, 2014, at around 22:52, the Defendant, without a driver’s license, driven B Poter truck from approximately 700 meters in the section of approximately 700 meters to the front road of the special light village 9 complex located in the Goyang-gu Goyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul with a blood alcohol content of 0.070% under the influence of alcohol without a driver’s license.

Therefore, even though the Defendant violated the regulations on prohibition of drinking driving more than twice, the Defendant again driven a car while under influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and report on the situation of driving under drinking;

1. A detailed statement of disposition to revoke driver's license;

1. Previous records of judgment: Application of criminal records, references to criminal records, investigation reports (Attachment to the judgment of the same kind of case, 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 for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (which does not seem to have high blood alcohol concentration, and considering the fact that the defendant reflects his gender) was often punished by the force similar to that of the past, the sentence was inevitable to sentence again to commit the instant crime, and the sentence was imposed in consideration of the defendant's power, education, and all other circumstances.