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

Punishment of the crime

On December 15, 2006, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Youngcheon District Court's Young-gu branch on December 15, 2006, to a fine of 1.5 million won for a violation of the Road Traffic Act (driving). On July 29, 2008, the Defendant was sentenced to a suspended sentence of 2 years for a violation of the Road Traffic Act (driving) and a suspended sentence of 10 months for a violation of the Road Traffic Act in the same court on April 1, 201.

On August 5, 2013, at around 21:05, the Defendant acquired a Class II ordinary driver’s license on the condition that only Class II ordinary transmission vehicle can be driven from about 10km to the front road of the East apartment located in the direction of the breadth, from around 21:05, the Defendant driven a water-speed truck, a motor vehicle under the influence of alcohol concentration of 0.17% while under the influence of alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Copy of driver's license and register of driver's license;

1. Ratifications and vehicle photographs;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (same type of crimes, written judgments and summary orders);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1), subparagraph 7 of Article 153, and Article 80 (3) of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation was three times the Defendant was punished for a violation of the Road Traffic Act (driving). Among them, the Defendant’s two times of suspended sentence was the previous criminal record, and the Defendant’s criminal liability is not less exceptionally and thus, the Defendant’s sentence against the Defendant is inevitable.

Provided, That the punishment shall be determined as per the disposition, in consideration of the fact that the defendant makes a confession and reflects his mistake, that the defendant has no criminal record, that the defendant has family members to support the defendant, etc.