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

Punishment of the crime

[criminal power] On November 21, 2006, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) at the credit branch of Suwon District Court on November 21, 2006, and on September 20, 2007, the Defendant was sentenced to a suspended sentence of 2 months for a violation of the Road Traffic Act (licensed Driving) at the credit branch of Suwon District Court on September 20, 2007. On July 18, 2008, the Defendant was sentenced to a suspended sentence of 4 months for a violation of the Road Traffic Act (Unlicensed Driving) at the Seoul Northern District Court on July 18, 2008. On December 11, 2012, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 300,000 with a fine of KRW 300,000 for a violation of the Road Traffic Act (Free Driving).

【Criminal Facts】

On August 31, 2016, the Defendant, at around 22:00, driven a B knife car at the section of approximately 300 meters from the front of the Dong-dong Sea Station located in the Ganyang-gun, which is located in the multilater of the pyeong-gun, without obtaining a driving license under the influence of alcohol with a blood alcohol content of 0.158%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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. The Defendant, who committed the instant crime, committed the instant crime on multiple occasions with a history of punishment (one time of imprisonment, three times of suspended sentence of imprisonment, seven times of fines) due to the crime of traffic-related, such as the reason for sentencing, drinking without a license, etc. under Articles 53 and 55(1)3 of the Criminal Act, including discretionary mitigation of punishment, committed the instant crime, and the blood alcohol concentration of the instant drunk driving is high.