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

Punishment of the crime

The defendant has the record of violating the provisions of Article 44 (1) of the Road Traffic Act not less than twice, such as imprisonment for one year and a suspended sentence of two years for each crime of violating the Road Traffic Act committed on August 11, 2009, August 27, 2009, and September 20, 2009.

On September 18, 2013, at around 20:50 on September 20, 2013, the Defendant driven C Mtz car under the influence of alcohol content of about 0.218% without obtaining a driver’s license from around the nutrition court located in Seo-ri, Dan-ri, Dan-ri, Drho-si to the post office located in the same Ri, and without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Each entry or video of the traffic accident occurrence report, report on detection of drivers, investigation report, actual condition investigation report, photographs, and the register of driver's licenses; and

1. Previous records of judgment: Application of each of the Acts and subordinate statutes stated in four copies of inquiry reports and written judgments, such as criminal records;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation have a record of criminal punishment several times due to drunk driving. In particular, the Defendant was sentenced to imprisonment with prison labor for a period of one year and six months and three years of suspended execution on October 4, 201, with prison labor for a crime of injury resulting from special obstruction of performance of official duties, etc. in the Yeongdeungpo District Court’s territorial support on October 27, 201, and the Defendant committed the instant crime without being aware of the fact that the judgment became final and conclusive on November 4, 2011, and was still under suspended execution.

In addition, the defendant's blood alcohol concentration is very high and the traffic accident occurred in the course of driving.

Considering this point, the sentence of imprisonment is to be imposed on the defendant.