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

Punishment of the crime

On December 17, 2008, the Defendant was sentenced to a fine of five million won due to a violation of the Road Traffic Act (driving) at the Jeonju District Court on December 17, 2008, and on March 9, 2009, the same court was sentenced to a fine of five million won due to a violation of the Road Traffic Act (driving). On October 22, 2009, the same court was sentenced to a fine of eight months due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (driving Vehicles) and completed the execution of the imprisonment in the Jeonju prison on June 20, 201.

On June 12, 2012, around 01:30 on June 12, 2012, the Defendant driven a B multilateral vehicle without mandatory insurance without a driver’s license in a state of 0.257% alcohol concentration, from around 30 meters from the front line of the trade name in the Seojin-gu Jin-gu Seoul Special Metropolitan City to the front line of the same wave.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a drinking driver and a written appraisal of blood alcohol;

1. The driver's license ledger;

1. Mandatory insurance policies;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (current status of personal identification and confinement);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (Amended by Act No. 11369, Feb. 22, 2012);

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (trades under Articles 40 and 50 of the Road Traffic Act and those under the Road Traffic Act);

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Defendant committed the instant crime without any reflection, even though he/she was punished several times due to drunk driving, as stated in the first head of the crime in the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act, even though he/she was a repeated crime.