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

Punishment of the crime

On March 5, 2010, the Defendant was sentenced to a fine of KRW 4 million due to a violation of road traffic law (drinking driving), etc. in the Daegu District Court Kimcheon Branch on February 14, 2012, the above court issued a summary order of KRW 1 million due to the same crime, and on November 26, 2014, the above court issued a fine of KRW 7 million due to the same crime, and on August 13, 2015, the above court completed the execution of the sentence on February 11, 2016, by having been sentenced to imprisonment of six months due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

Criminal facts

On March 20, 2016, at around 12:45, the Defendant driven D SL125 Oral Ba, while under the influence of alcohol 0.177% of alcohol level without a motor device bicycle license, from the front side of the Korean fireworks C, to the front side of the Defendant’s house located in Kimcheon-si, Kimcheon-si, 251.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, inquiry of the results of crackdown on drinking driving, and the register of driver's licenses;

1. Reporting on the arrest of a case;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the list of relevant cases, outputs of the relevant case, and the like electric records, and the number of copies of each case and the current status of acceptance);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. In full view of the circumstances below the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, and all the conditions of sentencing as shown in the records, such as the Defendant’s age, sex, environment, and the circumstances before and after the instant crime, the punishment as ordered shall be determined.

This case is again during the period of repeated crime due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents of the same kind, etc., while there is a history of punishment several times including drinking and non-licensed driving.