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

Punishment of the crime

On December 27, 2012, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act in the branch court of the Daegu District Court (Seoul District Court) on August 27, 2012. On January 4, 2013, the Defendant is currently serving a suspended sentence of two years, which became final and conclusive on January 4, 2013. On April 26, 2012, the Defendant is a person who has violated Article 44(1) of the Road Traffic Act, such as being sentenced to a fine of four million won or more for the same crime.

On April 13, 2014, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.147% without obtaining a driver’s license at around 07:25 on April 13, 2014, the Defendant driven a dives vehicle over a section of approximately 700 meters in the vicinity of the Sungmun-gu Seogdong to the roads near the subway station located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Previous convictions: Criminal records, investigation reports, details of the progress of the case, copies of the judgment, investigation reports (Attachment of previous and summary orders), copies of summary orders, and application of Acts and subordinate statutes;

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 for the same kind of crime; the defendant, without being aware of the fact that he was under the suspension of the execution period for the same kind of crime, and was committed with the same vehicle as the vehicle on which he was operating at the time of the crime of the suspension of the execution without being aware of it; however, the punishment is to be mitigated by taking into account the following factors: (a) the confession and reflect is made; (b) the fact that the existing suspension of the execution is effective; (c) the fact that there is