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

Punishment of the crime

On June 25, 2012, the Defendant was sentenced to a summary order of 2.5 million won as a crime of violating the Road Traffic Act in the support of the Daejeon District Court, and on April 6, 2017, on the grounds of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and the violation of the Road Traffic Act (driving) in the support of the Daejeon District Court, the Defendant was sentenced to a suspended sentence of 10 months.

On December 14, 2017, at around 09:15, the Defendant, without a driver’s license, driven a Bknife vehicle at the section of approximately 1km from the two west-gu, Seoan-gu, Seoan-si to the roads near Sung-dong, Seoan-gu, Seoan-si, Seoan-si, with a blood alcohol content of 0.09%.

Summary of Evidence

1. Statement of the accused in the fifth trial records;

1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), and notification of the results of the control of drinking driving;

1. The ledger of driver's licenses;

1. On-site photographs;

1. Previous records of judgment: Criminal records, probationary records, previous records of dispositions, results of confirmation, investigation reports (verification of the same kind of records), and application of each of the Acts and subordinate statutes to each of the judgment;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation recognizes the crime of this case and the accused's attempts to take the Defendant's wife. However, the defendant has the history of having been punished several times due to drinking and driving without a license, and the defendant is under the suspension of the execution of imprisonment due to the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, even though he was sentenced to the suspension of the execution of imprisonment due to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, he shall determine the sentence as ordered