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

Punishment of the crime

On July 6, 2009, the Defendant issued a summary order of KRW 500,000 as a fine for a crime of violating the Road Traffic Act at the Changwon District Court on the same day, on December 19, 201, a summary order of KRW 3 million as a fine for the same crime from the Changwon District Court Msan Branch on the same day. On April 17, 2013, the same court was sentenced to a fine of KRW 5 million for the same crime, etc. on the same day, and on February 8, 2017, the Defendant was sentenced to a suspended sentence of imprisonment of KRW 8 months for the same crime at the same court on the same time, and the said judgment became final and conclusive on the 16th of the same month.

Although the Defendant had been able to violate Article 44(1) of the Road Traffic Act more than twice, the Defendant driven Cina car at around 06:00 on April 4, 2017, under the influence of alcohol content of approximately 0.125% while under the influence of alcohol without a vehicle driver’s license, from around 2km to around 17:0 on the roads near the Changwon-gu, Changwon-si, Changwon-si, Changwon-si, Changwon-si, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 (Confession and reflect) of the Criminal Act are that the Defendant was punished for driving under drinking or non-licensed driving under the influence of alcohol. Moreover, even though he/she is under the suspension period for the same kind of crime, it is inevitable to sentence the Defendant again committed the instant crime without being aware of it even though he/she was under the suspension period for the same kind of crime.

However, the fact that the defendant acknowledges and reflects the crime, that there are the wife and three children to support.