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

Punishment of the crime

On April 10, 2008, the Defendant was issued a summary order of 2,50,000 won by a fine due to a violation of the Road Traffic Act at the Busan District Court, and on January 11, 201, the Defendant was issued a summary order of 2 million won by the same court as a crime of violating the Road Traffic Act (dacting driving), and on September 23, 2015, the Defendant was sentenced to 8 months of imprisonment with labor for a crime of violating the Road Traffic Act (dacting driving) at the Busan District Court on September 23, 2015 and became final and conclusive on October 1, 2015.

On November 3, 2016, at around 05:30, the Defendant, without a driver’s license, driven a vehicle with C low alcohol level from around 0.084% in the blood while under the influence of alcohol level to around 0.084%, from the front of the restaurant located in the Kucheon-dong, Busan Metropolitan City to the front of the pentsan Oil Station located in the same Gu-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in driving and the driver's license ledger;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (report on the results of confirmation of previous convictions of the disposition);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The instant crime on the grounds of sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of amount of punishment is a crime committed during the period of suspension of execution for the same kind of crime, which is disadvantageous to the Defendant, such as the nature of the crime is not good, and the fact that the Defendant has a same criminal record.

However, there are favorable circumstances such as the fact that the defendant's recognition of facts charged is seriously against the defendant, and the fact that the state of the defendant's taking is not very serious.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - Multiple Offenses: Sentencing Criteria.