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

Punishment of the crime

The defendant, at the Seoul Southern District Court on June 29, 2007, sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (Refusal of Drinking Measures) at the Seoul Southern District Court on October 29, 2009, sentenced to a fine of 2 million won for a violation of the Road Traffic Act (driving) at the Incheon Southern District Court on February 16, 2010, sentenced to a fine of 3 million won for a violation of the Road Traffic Act (Free Driver's License) at the Seoul Southern District Court on February 16, 2010, sentenced to a fine of 2 million won for a violation of the Road Traffic Act (Free Driver's License) at the Seoul Southern District Court on June 30, 201, and sentenced to a suspended sentence of 2 years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dok Vehicles) at the Seoul Southern District Court on April 2

5.2. A person whose judgment became final and conclusive and is still under suspension of execution.

On January 14, 2013, at around 01:10, the Defendant driven BM3 vehicle while under the influence of 0.196% of alcohol concentration without a driver’s license from around 234-24, Geumcheon-gu Seoul, Geumcheon-gu to around 301-16, Geumcheon-gu, Geumcheon-gu, Seoul.

As a result, even though the Defendant had a drinking driving force on more than two occasions, he again driven a motor vehicle with no license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. A certificate of drinking alcohol measurement, a written report on driving of a drinking driver, and a written report on the status of a drinking driver;

1. Registers of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (report on suspect records);

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

1. Selection of imprisonment with prison labor as a matter of choice (the defendant is punished three times for drunk driving, once for refusing to measure drinking, once for driving without obtaining a license, again commits the instant crime during the period of probation, and considering the drinking volume, etc.);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;