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

Punishment of the crime

On October 22, 2008, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution due to a violation of the Road Traffic Act by the Gwangju District Court. On April 11, 2013, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution by the Suwon District Court.

On January 11, 2014, at around 08:10, the Defendant driven B vehicles with a blood alcohol concentration of 0.103% under the influence of alcohol without a driver’s license, from the from the from the from the from the from the from the from the from the from the from the from the from the from the from the from the from the from the from the from the from the from the from the from the from the from the from the from the

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Registers of driver's licenses;

1. Previous records: Application of inquiries and replies to inquiries, such as criminal records;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is not only the fact that the defendant was punished for driving under the influence of alcohol three times, but also the defendant cannot be punished for a fine by driving under the influence of alcohol without driving under the influence of alcohol even though he/she was under the suspension of execution after driving under the influence of alcohol.

Therefore, as long as a sentence of imprisonment is to be imposed against a defendant, the sentence of imprisonment cannot be suspended due to the fact that the defendant is currently under the suspension of the execution of the sentence, the sentence shall be imposed, and the confession and reflect shall be taken into account all the sentencing conditions of Article 51 of the Criminal Act, and the sentence shall be determined like the sentence.