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

Punishment of the crime

[criminal power] On February 1, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for the crime of violation of the Road Traffic Act in the Daegu District Court racing support on August 1, 2008, a fine of KRW 1.5 million for the same crime in the same court on August 22, 2011, a fine of KRW 1.5 million for the same crime in the same court on September 16, 2013, and a summary order of KRW 5 million for the same crime was issued in the same court on September 21, 2013, and on August 21, 2014, the judgment became final and conclusive on the 29th of the same month.

【Criminal Facts】

On June 4, 2016, the Defendant, at around 20:23, driven a DNA Lone Star vehicle from around 1 kilometer to about 0.107% of its blood alcohol concentration without obtaining a driver’s license, in the state of being drunk at around 0.107% of its blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on detection of a suspected suspect, report on the circumstances of a drunk driver, notification of the results of crackdown on drunk driving, details of revocation of driver's license, and the register/motor vehicle driver's license register;

1. Previous convictions indicated in the judgment: Criminal history records, reply reports (A), previous records of disposition, results of confirmation, and application of a summary order of three cases/judgments to one statute;

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

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 that the Defendant has been punished several times due to a violation of the Road Traffic Act (driving/Unlicensed Driving).

In particular, the Defendant was sentenced to two years of suspension of the execution on August 21, 2014 for the same crime in Daegu District Court and racing support, and the judgment became final and conclusive on the 29th of the same month, but did not properly repent his mistake and committed each of the crimes in this case during the period of suspension of the execution.

There are many circumstances favorable to the defendant as shown below.