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

Punishment of the crime

On March 20, 2007, the Defendant was sentenced to a fine of 700,000 won for a violation of the Road Traffic Act (driving) in the Chungcheong District Court's Chungcheong Branch on March 20, 2007, and a fine of 1 million won for the same crime in the same court on February 25, 2013, and on May 1, 2015, the Defendant was sentenced to a suspended sentence of one year for six months for the same crime in the same court.

9. The judgment became final and conclusive.

On May 31, 2015, at around 22:30, the Defendant driven C Poter Cargo Vehicles with approximately KRW 700 meters alcohol concentration 0.163% while under the influence of alcohol without obtaining a driver’s license from the front side of Embrate in the Hari-si Culture Complex to the front road of the community service center located in the same city.

Accordingly, the defendant was punished for violating the Road Traffic Act more than twice, and was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Notification of the results of the crackdown on drinking-driving, report on the situation of a drinking driver, the ledger of driver's licenses, and making an inquiry into the vehicle;

1. Application of Acts and subordinate statutes to inquiries into criminal records and investigation reports (verification of the same kind of force);

1. Relevant provisions of Article 148-2 (1) 1, 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 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has already been punished for the same kind of crime several times, and in particular, since the court has not been sentenced to suspended sentence due to drinking driving and has not passed since the court has been sentenced to suspended sentence, it is inevitable to sentence sentence that the risk of re-offending is high, such as committing the instant crime, etc.

However, the sentence shall be determined as ordered in consideration of all the sentencing conditions shown in the records and arguments of this case, such as the fact that the defendant reflects the crime.