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

Punishment of the crime

The defendant in the Daejeon District Court on May 14, 2009 is a person who has been sentenced to a suspended sentence of two years in the sixth month of imprisonment with prison labor for a violation of the Road Traffic Act, etc., and five times more of the same criminal records.

On December 17, 2012, the Defendant was under the influence of alcohol level of 0.154% on blood alcohol level at around 16:50 on December 17, 2012, and without a driver’s license, driven B Poter cargo vehicle at a section of approximately 300 meters from the Do in front of the high-end Posidong in Bocheon-si without a driver’s license to the roads in front of the Han Jin Condo.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A report on traffic accident (i.e., actual condition investigation report);

1. A traffic accident report dicul actual condition investigation report;

1. Photographs related to accidents;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous conviction in judgment: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol not less than three times), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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 that the Defendant’s blood alcohol concentration at the time of the instant crime is significant. In addition, the Defendant committed the instant crime at a time when he was sentenced to a fine on five occasions as a result of the crime of violation of the Road Traffic Act of the same kind of driving and driving without license during the period from 2003 to 2009, and the Defendant committed the instant crime at a time when he was sentenced to a suspended sentence on two occasions. In light of the fact that the Defendant committed the instant crime at another time, the Defendant seems to have had an attitude of emphasizing the law in relation to traffic crimes.

However, the defendant is against the confession of the crime of this case.