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

Punishment of the crime

[criminal history] On July 23, 2008, the Defendant was sentenced to a fine of KRW 2.5 million as a crime of violating the Road Traffic Act at the Busan District Court on June 23, 2010, and a fine of KRW 8 million as a crime of violating the Road Traffic Act at the Busan District Court on November 11, 2015.

[2] Although Defendant 1 had had a record of driving alcohol twice or more as above, Defendant 2 driven a C-learning car under the influence of alcohol content 0.129% without a driver’s license at the section of about 30 km from the road near Jinsung-dong, Busan-dong, Busan-do, Busan-do, to the point of 22 km on the same day, around December 13, 2015, around 02:30, the same day from the roads near the Jinsung-dong, Busan-do, Busan-do, to the point of 22 km in the Central Highway, Daegu-do, Kimhae-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Registers of driver's licenses, inquiries into the main office, and details of revocation of driver's licenses;

1. Previous convictions: References to inquiries, such as criminal history, reports on criminal investigations, reports on minor errors in dispositions, and application of Acts and subordinate statutes reporting results;

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

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

1. Selection of imprisonment with prison labor by repeating the same kind of crime;

1. The sentencing of Article 53 and Article 55(1)3 of the Criminal Act for the reduction of the amount of punishment is to be imposed on the defendant for the reason of sentencing, even if the same kind of crime was repeated as stated in the previous conviction in the judgment of the defendant, and the sentence of suspended sentence was sentenced twice again, and the defendant's drinking value and driving distance is reasonable, and the risk of driving on an expressway is also imposed.

However, the punishment shall be determined in consideration of all the sentencing conditions, such as the defendant's reflectivity, the circumstances leading to the defendant's driving of the drinking of this case.