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

Punishment of the crime

[criminal power] On April 10, 2009, the Defendant received a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) at the Gwangju District Court. On December 17, 2012, the same court sentenced a fine of KRW 5 million for a violation of the Road Traffic Act (driving). On May 9, 2013, the same court violated Article 44(1) of the Road Traffic Act by being sentenced to a suspended sentence of two years for a violation of the Road Traffic Act on at least two occasions.

【Criminal Facts】

On July 29, 2015, around 22:55, the Defendant driven the EM5 vehicle while under the influence of alcohol of about 500 meters with blood alcohol concentration of 0.158% without a vehicle driver’s license from the front of the restaurant where it is impossible to identify the name at the lower end of Sinpo City, to the front of the sewage terminal treatment plant located in the same city-based 1st day of the same city-based.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the control of drinking driving, and the register of driver's licenses;

1. Previous convictions indicated in judgment: The provisions of Acts and subordinate statutes concerning criminal records, US records and results confirmation;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 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. Discretionary mitigation of sentencing under Articles 53 and 55(1)3 of the Criminal Act has the record of being punished several times including suspended sentence due to the reason of sentencing, a license for driving without drinking alcohol.

In particular, on May 9, 2013, when two years of probation are under suspension after being sentenced to imprisonment with prison labor for six months on the grounds of driving without a license for drinking, and driving with a license for a license for a drinking without drinking will be prosecuted for the case No. 2015Kadan138 of this Court, and on June 2, 2015, two years of suspended sentence was sentenced to imprisonment with prison labor for eight months on June 2, 2015, and the appellate court committed the crime in this case without being aware of the fact that the appellate court was still under suspension.

The blood alcohol concentration is high.

In such unfavorable circumstances.