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

Punishment of the crime

On August 13, 2009, the Defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act at the Gwangju District Court on August 13, 2009, and on December 18, 2014, the same court was sentenced to a suspended sentence of six-month imprisonment for a violation of the Road Traffic Act.

On December 7, 2016, the Defendant driven at least 300 meters from the area adjacent to the Southerndong-dong-gu Gwangju metropolitan market to the area of academic lectures located in 95 in Nam-gu-gu, Gwangju Metropolitan City, while under the influence of alcohol content of 0.20% in blood without a motor motor device bicycle driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of traffic accidents;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. A previous conviction: Application of a written inquiry, a written inquiry, and a written investigation report (Attachment to the judgment, etc.);

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning the facts constituting an offense, and Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile which is not mandatory insurance);

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Act on the Mitigation of Small Quantity Mitigation leads to the instant crime in which the Defendant had been punished once due to a violation of the Guarantee of Automobile Damage Compensation Act (i.e., drinking and non-licenseing, and a violation of the Guarantee of Automobile Damage Compensation Act, which was sentenced to a suspended sentence of one year on December 18, 2014). Moreover, in light of the fact that the amount of alcohol concentration among the blood transfusion was highly high, the crime of this case was committed, and the occurrence of accidents due to the instant crime is extremely poor.