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

Punishment of the crime

[criminal power] On April 11, 2008, the Defendant was sentenced to a fine of eight million won for a violation of the Road Traffic Act (driving) or a violation of the Road Traffic Act (Non-licensed Driving) at the Ulsan District Court on December 19, 2014, and sentenced ten months to imprisonment for a violation of the Road Traffic Act (driving) or a violation of the Road Traffic Act (Free Driver’s License) at the Chungcheong District Court on July 1, 2015 and completed the execution of the sentence at the Chungcheong Prison on July 1, 2015. On February 6, 2015, the Defendant was sentenced to a suspended sentence of two years for six months at the Ulsan District Court on February 14, 2015, and the said judgment became final and conclusive on February 14, 2015.

【Criminal Facts】

On August 15, 2015, around 20:48, the Defendant, as seen above, driven C-be under the influence of alcohol content of about 0.203% without a driver’s license, at a section of about 300 meters from the front of the office-style Rocheon-gun, Macheon-gun, Macheon-do to the front of the same route.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and the register of driver's licenses;

1. Previous records: Application of criminal records and other inquiries, investigation reports (electric records, repeated crime records, court records, etc. related to power during the period of suspension of execution on at least two occasions), court records, confinement information inquiry, and inquiry into summary information of cases;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime, and subparagraphs 1, and 43 of Article 152 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the Defendant was found to have been sentenced to a sentence because he/she was found to drive a drinking free license three times in 2014; and (b) he/she again saw him/her to drive a drinking free license only in one month after the completion of the sentence.