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

Punishment of the crime

[criminal power] On September 10, 2007, the Defendant was issued a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act at the Daegu District Court on September 10, 2007, and on October 21, 2009, the Defendant was issued a summary order of 1.5 million won by the same crime name in the same court on October 21, 2009, and on June 15, 2012, the Defendant was issued a summary order of 5 million won by the same crime name in the same court on June 15, 2012, and on September 26, 2013, the Defendant was sentenced to a suspended sentence of 6 months by imprisonment for a violation of the Road Traffic Act (driving)

【Criminal Facts】

At around 19:10 on October 5, 2014, the Defendant, without obtaining a driver’s license, driven around 12 kilometers in the middle of the Geumyang-si, the head of the group, using Cpool cargo vehicles with approximately 0.135% of blood alcohol concentration around 0.135%, and driven around 20 kilometers in total by driving about about 8 kilometers in the middle of the Cpool-si, the head of the group, from the parking lot to the access road of the Geumyang-si, which is the control point of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Registers of driver's licenses;

1. Previous records before ruling: Application of criminal records, investigation reports (one copy of the judgment and four copies of the summary order) and other Acts and subordinate statutes;

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), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 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 is not only that the defendant has been punished several times for the same kind of crime, but in particular, the period of suspended execution, as declared by a court of six months of imprisonment on September 26, 2013 due to a violation of the Road Traffic Act (driving) and the judgment becomes final and conclusive.