A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[criminal power] On December 20, 2010, the Defendant was sentenced to four months of imprisonment for a crime, such as violation of the Road Traffic Act, in the Daegu District Court’s Ansan Branch, and completed the execution of the sentence on April 20, 201. On July 13, 2012, the same court was sentenced to eight months of imprisonment for a crime, such as violation of the Road Traffic Act, and completed the execution of the sentence on March 12, 2013.

【Criminal Facts】

Although the Defendant had been punished for drinking driving more than twice as stated in the record of the crime record, on April 11, 2014, the Defendant was under the influence of 0.165% of blood alcohol concentration without a driver’s license on April 11, 2014, and was driving approximately 2 km in front of the Yongnam apartment located in the SM3 vehicle in front of the Gangseo-dong, the GM3 vehicle was in the front of the Gonam Apartment apartment located in the SM3 vehicle at the time of the Dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Before holding: Criminal history records, inquiry reports, criminal investigation reports, application of Acts and subordinate statutes to criminal investigation reports (applicable to crimes during the period of repeated crimes);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing in accordance with Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant had been sentenced to a punishment for the same kind of crime even though he/she had the record of being sentenced to a punishment for the same crime, it is difficult to exempt the Defendant from punishment considering the high risk of recidivism.

In addition to the above unfavorable circumstances, the punishment was determined in consideration of the fact that the defendant's attitude to prevent the recidivism, which shows the attitude against the defendant, and all the conditions stipulated in Article 51 of the Criminal Act.