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

Punishment of the crime

On February 8, 2013, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Busan District Court’s Busan Branch on February 8, 2013; on October 17, 2013, a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the Ansan District Court’s Ansan Branch on October 17, 2013; on April 25, 2014, the Defendant was sentenced to a fine of KRW 7 million for a violation of the Road Traffic Act (driving) including a fine of KRW 7 million for a violation of the Road Traffic Act (driving).

On November 06, 2014, at around 23:26, the Defendant driven a B-to-purd motor vehicle under the influence of alcohol content of 0.135% without obtaining a driving license from around 200 meters in a section of approximately 200 meters in front of the distance of the Newcheon-dong Culture in Sincheon-si, Sincheon-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Inquiry into driver's license and the results of the control of drinking driving;

1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports (report on binding of summary orders) 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 is the confession and reflect of the Defendant’s crime. However, the Defendant had been already punished for drunk driving and unlicensed driving seven times, and the Defendant committed the instant crime again seven months after being punished for the immediately preceding drunk driving, and the Defendant again committed the instant crime after being sentenced to punishment for the immediately preceding drunk driving, and all other circumstances indicated in the record should be considered.