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

Punishment of the crime

【Criminal Power】 On June 24, 2008, the Defendant was sentenced to a fine of KRW 700,000 for a violation of the Road Traffic Act, a fine of KRW 1 million for the same crime at the Daejeon District Court on April 23, 2010, and a summary order of KRW 4 million for the same crime at the Jeonju District Court on July 12, 2010, respectively. On May 29, 2013, the Defendant was sentenced to a suspended sentence of KRW 8 months for the same crime at the Jeonju District Court on May 29, 2013.

【Criminal Facts of Crimes】 On September 27, 2013, the Defendant driven Dunst Motor Vehicle under the influence of alcohol content of 0.088% without obtaining a driver’s license at a section of approximately 150 meters from the road near the third party in Yacheon-si, Yacheon-si to the front road in the addition of Yacheon-si, Yacheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Report on the circumstances of the driving of a motor vehicle;

1. The circumstantial statement of the employee;

1. A driver's license inquiry;

1. Previous records of judgment: Criminal records, etc. and inquiry reports and application of Acts and subordinate statutes;

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. 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 Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has the record of being sentenced five times to drunk driving and three times to non-licensed driving. Among them, there are criminal records of suspended sentence. In particular, the crime of this case is a crime under the same crime committed during the suspended sentence due to the violation of the Road Traffic Act and the violation of the Road Traffic Act (non-licensed driving) and its possibility of criticism. Thus, the defendant is sentenced to the punishment of this case since it is more likely that the crime of this case is committed during the suspended sentence.