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

Punishment of the crime

[criminal power] On February 6, 2004, the defendant was sentenced to 8 months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Busan District Court and 4 months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Busan District Court on November 4, 2005. On October 19, 2009, the defendant was sentenced to 1.5 million won of fine at the Busan District Court on September 7, 201, and was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended execution.

【Criminal Facts】

On July 22, 2012, at least 05:40 on July 22, 2012, the Defendant committed a crime of drunk driving twice or more, and again, driven a Clater under the influence of alcohol with approximately 300 meters alcohol content 0.087% while under the influence of alcohol without a driving license.

Summary of Evidence

【Criminal Facts in the Market】

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The register of driver's licenses (previous record on market);

1. Criminal records, etc.;

1. Application of Acts and subordinate statutes to investigation reports (former and attachment of judgment);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

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 committed the instant crime of drinking or non-licenseless driving, even though he was sentenced to imprisonment for six months on September 7, 201 for drinking driving again and was under suspension of the execution, even though he was under suspension of the execution, on the following grounds: (a) five times the punishment of imprisonment (referring to imprisonment with prison labor), such as refusal of alcohol measurement, driving under influence, driving without license, etc.; and (b) one time a fine; and (c) six months the imprisonment with prison labor for driving under the influence of alcohol again; and (d) the instant crime