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

Punishment of the crime

On October 16, 2012, the defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act in the Incheon District Court's Branch Branch on October 16, 2012, a fine of three million won for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on December 16, 2012, and a fine of seven million won for the same crime in the same court on May 21, 2013, and on September 5, 2013, the defendant was sentenced to a summary order of seven million won for a violation of the Road Traffic Act (driving) at the same court on September 13, 201, and is still under the suspension period.

On October 29, 2013, the Defendant, without obtaining a driver’s license of a motor vehicle on October 23, 2013, driven a vehicle C car with approximately 30 km away from the street in front of the public health clinic, Seoyang-gu, Seoul, Seoyang-gu, Seoyang-gu, Seoul, Seoul, with a blood alcohol concentration of at least 0.123%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (a summary order, etc.);

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

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 (including the fact that the defendant reflects the depth of the defendant, and that the defendant's family members, etc. have promised to do so and appealed) is not only the fact that the defendant was punished as a crime of the same or similar kind in several times within the last three years, but also the defendant committed the crime of this case even though he was under probation after being sentenced to probation for a crime of the same or similar kind of crime around September 2013.