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

Punishment of the crime

On August 4, 2014, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) and a crime of violating the Road Traffic Act (drinking driving without a license) in the Changwon District Court on August 4, 2014. On January 28, 2015, the Defendant was sentenced to imprisonment for six months with labor for the same crime in the same court on January 28, 2015, and on July 1, 2016, the Defendant was issued a summary order of KRW 300,000 as a crime of violating the Road Traffic Act (dimplicing driving without a license) at the same court on July 1, 2016 and on February 8, 2017, the Defendant was sentenced to two years of imprisonment with labor for a crime of obstructing the performance of official duties and was finally decided on February 16, 2017.

On April 8, 2017, at around 20:0, the Defendant driven a C Poter vehicle owned by the suspect under the influence of alcohol content of about 0.144%, without obtaining a driver’s license, at a section of about 10km from the gral village in the city of Jinnam-si to the front of the same Si asbestos gold farm.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (report attached to the same type of judgment, etc. and report on the confirmation of recidivism during the period of suspension of execution);

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

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Code for the protection and observation of protection and community service order are as follows: (a) the Defendant was sentenced to imprisonment for 6 months and 2 years of suspended execution due to a violation of road traffic law around 2015; (b) seven times the same criminal records; and (c) the record of each violation of road traffic law.