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

Punishment of the crime

On July 8, 2014, the Defendant received a summary order of a fine of one million won as a crime of violating road traffic law at the Daejeon District Court on July 8, 2014, and on July 24, 2014, the Defendant received a summary order of a fine of three million won as a crime of violating road traffic law (driving) at the Daejeon District Court on July 24, 2014.

On June 12, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle on June 22, 2016, driven a 3 freight vehicle B with approximately 1km from the front of the fire patrol box located in the Seo-gu, Daejeon, Seo-gu, Daejeon to the front of a restaurant, while under the influence of alcohol content of 0.161% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving under drinking, and entries in the register of driver's licenses;

1. Application of the Acts and subordinate statutes in each copy of judgment, etc.;

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

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 with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Taking into account the following factors: (a) the reason against which sentencing is imposed pursuant to Articles 53 and 55(1)3 of the Criminal Act; (b) the driving of cargo with high blood alcohol concentration; and (c) the punishment on seven occasions for the same crime (including two times suspended execution).