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

Punishment of the crime

On September 8, 2011, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Gwangju District Court's Maritime Branch on September 8, 201, and was sentenced to a suspended sentence of two years on September 16, 201, and the judgment became final and conclusive on September 16, 201, and a fine of two million won for a violation of the Road Traffic Act in the same court on December 20, 2011, and one million won for a violation of the Road Traffic Act in the same court on January 31, 2012.

On March 6, 2013, at around 14:20, the Defendant driven C cargo under the influence of alcohol content of 0.271% without obtaining a driver’s license from a section of about 30 meters near the 5-day parking lot in Chungcheongnam-do, Namnam-do, Seoul, to the roads in front of the site in the same Ri, the Defendant driven C truck under the influence of alcohol content of about 0.271%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a driver and report on the circumstances of a driver's driving;

1. Registers of driver's licenses;

1. Before ruling: Application of criminal records, inquiry reports, investigation reports, and statutes;

1. Relevant provisions of Article 148-2 (2) 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 of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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 was punished several times due to drunk driving, etc., but also that the Defendant committed the instant crime even though he was under the suspension of the execution, in particular, even though he had the record of being sentenced to a fine due to drunk driving andless driving even after the suspension of the execution, and even though he was under the record of being sentenced to a fine due to drunk driving andless driving, the Defendant should be punished strictly considering the fact that the blood alcohol concentration of the instant case is high.