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

Punishment of the crime

On July 24, 2013, the Defendant was sentenced to a fine of four million won for a violation of the Road Traffic Act in the Gwangju District Court's net support on July 24, 2013, and on September 17, 2014, the Defendant was notified of a summary order of a fine of five million won or more for a violation of the Road Traffic Act in the same court on September 17, 2014.

피고인은 2015. 1. 17. 13:10경 전남 보성군 벌교읍 월곡리에 있는 우렁쌈집 식당 앞길에서 같은 읍 회정리 태백산맥 꼬막식당 앞길까지 500미터 가량 혈중알콜농도 0.166%의 술에 취한 상태에서 자동차 운전면허를 받지 아니하고 B 1톤 포터 화물차량을 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on proper launch of drivers, and the register of driver's licenses;

1. The actual survey report and on-site photographs;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (a copy of the summary order of a suspect's previous drinking power),- Application of Acts and subordinate statutes of each summary order;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( considered that the defendant reflects in depth);