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

Punishment of the crime

On August 27, 2009, the Defendant was sentenced to 8 months of imprisonment with prison labor for a violation of the Road Traffic Act at the Ulsan District Court on August 27, 2009, and on February 25, 2011, the same court was sentenced to 1 year of imprisonment with prison labor for a violation of the Road Traffic Act (driving) and completed the execution of the sentence at the port prison on October 26, 201.

At around 22:50 on September 19, 2013, the Defendant driven C 125C obaba in a section of about 2 km from the road located in the Ulsan-gu Postal Zone with a blood alcohol content of 0.113% without a motorcycle driver's license to the front of the dance distance in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. A report on detection of a host driver;

1. Previous records of judgment: Application of inquiry reports on criminal records, etc., investigation reports (former records and attachment reports of judgments), and Acts and subordinate statutes on personal identification and accommodation status;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, subparagraph 2 of Article 154, and Article 43 of the same 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. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is only 12 times a licenseless driving, 6 times a drunk driving, or 55(1)3 of the Criminal Act, and the two times a sentence was discovered after 2009, and the two times a licenseless driving has been changed without any inevitable circumstances, even though it was a previous conviction discovered after 2009, and the sentence was inevitable in light of criminal records, it is inevitable to choose a considerable period of imprisonment with prison labor and sentence is inevitable in light of criminal records. However, it is inevitable to determine a considerable amount of imprisonment with prison labor for a considerable period of time in light of criminal records, such as the fact