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

Punishment of the crime

[Attachment of Violation of Article 148-2(1)1 of the Road Traffic Act] On March 26, 2010, the Defendant was sentenced to a fine of KRW 6 million due to a crime of violation of road traffic law (driving) in the Daejeon District Court's Support of the Daejeon District Court on March 26, 2010, and on June 24, 2013, the above court was sentenced to a fine of KRW 7 million due to a crime of violation of road traffic law (driving).

[Criminal facts] On October 20, 2016, the Defendant driven C Poter vehicle up to the road front of the Gu community hall at the 144-2 front of the Dong-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-si, under the influence of alcohol content of 0.23% with no driver’s license around 14:20 on October 20, 201, while under the influence of alcohol during blood.

Summary of Evidence

[Criminal facts]

1. Statement by the defendant in court;

1. Reports on the occurrence of traffic accidents, actual condition survey reports, on-site guidance, and photographs;

1. Notification of the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;

1. Registers of driver's licenses (the state of revocation) (the records of violations that constitute the requirements referred to in Article 148-2 (1) 1 of the Road Traffic Act);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with 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 (hereinafter the following sentencing grounds) are as follows: (a) the Defendant was sentenced to forfeiture of a 40-hour course of imprisonment with prison labor for a special injury on January 29, 2016 in the Incheon District Court Branch of Daejeon District Court on the grounds of a special injury on January 29, 2016; and (b) on February 6, 2016, the said judgment became final and conclusive and conclusive on February 6, 2016, not only at the time of the instant crime but also at the time of the instant judgment.

Therefore, a suspended sentence cannot be sentenced against the defendant.

In this regard, in addition to the above suspended sentence, the criminal punishment records of the defendant, in particular, the criminal records related to drinking driving, are examined in 199.