A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal Power] On September 6, 2012, the Defendant was sentenced to imprisonment with prison labor for ten months due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) in the Daegu District Court Kimcheon-do, and the judgment was finalized on September 14, 2012 and is still under probation period.

【Criminal Facts】

On June 16, 2013, the Defendant driven B-low-income cars under the influence of alcohol concentration of 0.087% without a driver’s license on the roads in front of the mountain located in the Ri of the Sinsi, Sinsi, Sin-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Inquiry into the ledger of driver's licenses and details of revocation thereof;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification reports on the same type of crime records), and application of Acts and subordinate statutes of the judgment;

1. Relevant provisions of Article 148-2 (2) 3, 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 and Article 43 of the Road Traffic Act;

1. Punishment for a violation of Article 40 or 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. In light of the fact that the Defendant committed the instant crime without being aware of the fact that he/she committed a crime that causes a traffic accident while drunk driving, as stated in the judgment of the court below, it is inevitable to sentence the Defendant to the extent that he/she committed the instant crime.

However, in consideration of all the circumstances, such as the fact that the defendant reflects the wrong, that the blood alcohol concentration of this case is very high, that there is a family member to support the defendant, that there is a family member to support the defendant, and that the suspension of execution becomes null and void after this judgment becomes final and conclusive, the punishment shall be determined