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

Punishment of the crime

On January 6, 2006, the Defendant received a summary order of KRW 4,000,000 as a fine for a violation of road traffic law (drinking driving) from the Changwon District Court's Jinju branch on the same day, and on April 2, 2015, the Defendant issued a summary order of KRW 4,00,000 due to a violation of road traffic law (drinking driving) in the same court on the same day on April 2, 2015, more than twice the same criminal record.

As above, the Defendant violated the provision prohibiting driving of alcohol twice or more, without obtaining a driver’s license, and drive B 1 ton cargo vehicle while under the influence of alcohol content of approximately 0.259% from the parking lot in front of each market to the intersection of each market at approximately 150 meters from the first parking lot in front of each market to the front of each market.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecutor with respect to the prosecution;

1. Statement made by the police against C;

1. C’s statement;

1. The actual investigation report on traffic accidents;

1. The driver's license ledger;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (a copy of summary order);

1. Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act (the repeating of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. The Defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small quantities, was punished as a crime of violating the Road Traffic Act in 2001 and 2004. In 205, the Defendant was sentenced to a summary order of KRW 4,00,000 as an offense of driving without a driver’s license while under the influence of alcohol at 0.206% in blood, and was sentenced to a fine of KRW 4,00,000 as an offense of driving without a driver’s license. In 2011, the Defendant was punished as a crime of violating the Road Traffic Act (unlicensed driving) and a violation of the Guarantee of Automobile Compensation Compensation Act, and was under the influence of alcohol at around 2015.