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

Punishment of the crime

On December 1, 2006, the Defendant was sentenced to a fine of KRW 700,00,000 for a violation of road traffic law (driving), on November 6, 2007, at the Sungnam support center of the Suwon District Court, to a fine of KRW 2 million for a violation of road traffic law (driving), and on August 13, 2015, on August 13, 2015, to a suspended sentence of 8 months for a violation of road traffic law (driving), respectively.

On September 9, 2017, the Defendant, without obtaining a driver’s license in light of around 01:20, driving a Defendant’s car car in the Defendant’s car rental from about 2 km section from the road located in the lower west-gu, Yanananan-gu, Yanananan-si, the lower court, at the lower 0.175% under the influence of alcohol during blood, to the front 114-dong road.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, on-site and vehicle damaged photographs, and a report on detection of a driver engaged in the primary business;

1. A copy of measurement ledger;

1. Previous convictions: Application of a reply to inquiries, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Binding force rulings, etc. on the same paper);

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 reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the crime of drinking alcohol, driving without a license, violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous and Death or Injury caused by danger), etc., on several occasions including a suspended sentence, and the defendant has caused the death accident due to traffic accidents.

In this case, there is a high possibility of criticism in that the period of probation has been terminated, for example, drinking or driving without a license.

The amount of alcohol concentration in the measured blood is considerably high.

Considering this point, the defendant is sentenced to a fine and a suspended sentence.