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

Punishment of the crime

On October 29, 2014, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act in Busan District Court's branch court's imprisonment with prison labor for six months. On March 5, 2014, the Defendant was sentenced to a fine of seven million won due to a violation of the Road Traffic Act (driving) in the same court.

On August 21, 2016, at around 04:50, the Defendant driven B vehicles under the influence of alcohol concentration of 0.059% without a driver’s license from a section of about 1km from the front line of the Jung-gu, Busan to the front line of the Yellow-gu, Busan to the Yellow-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of the driver and report on the circumstances of the driver’s license;

1. Registers of driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, and criminal records, and Acts and subordinate statutes (report on attachment of similar type of power judgments);

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 2, 201; 201Da1164, Jan