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

Punishment of the crime

[criminal power] The defendant was sentenced to a fine of 4 million won for a violation of the Road Traffic Act (driving) in the Jung-gu District Court Goyang Branch on December 18, 2008. On December 18, 2013, the same court was sentenced to a suspended sentence of 10 months for a violation of the Road Traffic Act (driving) and was sentenced to a suspended sentence of 2 years on May 20, 2014. The above judgment became final and conclusive on May 20, 2014.

【Criminal Facts】

On August 7, 2014, at around 17:05, the Defendant was driving a vehicle with a blood alcohol concentration of 0.234% while drunk, without obtaining a driver’s license. On the road front of the Pungdong-gu Forest Village in Gyeonggi-gu, Gyeonggi-do, the Defendant driven approximately 20 meters of the fixed freight vehicle C in front of the Pungdong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. The punishment for sentencing under Articles 53 and 55(1)3 of the Criminal Act was imposed as the same or similar force of the same or similar type of punishment for discretionary mitigation, and despite the fact that it was under the period of suspended execution, it is inevitable to sentence a sentence on a subsequent crime as the blood alcohol concentration is very high.

However, the sentence was imposed in consideration of the circumstances where the defendant is against the defendant and the defendant's wife appeals against the defendant, and the possibility of revocation of the judgment of suspended execution.

It is so decided as per Disposition for the above reasons.