A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On October 31, 2012, the Defendant was notified of a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act, etc. in the Cheongju District Court Support on the Cheongju District Court on October 31, 2012, and on January 16, 2014, the Defendant was sentenced to a suspended sentence of two months for a violation of the Road Traffic Act, which became final and conclusive on January 24, 2014.

On May 29, 2014, at around 07:45, the Defendant driven D Poter Poter, while under the influence of alcohol 0.123% without obtaining a driver’s license, from around 2km-ro, 07:50 on the front of the C apartment in Incheon to the lower roads of the C Apartment-si, 07:50 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the state of drinking drivers, and the register of driver's licenses;

1. Previous for judgment: Application of Acts and subordinate statutes to file reports, such as criminal history records, inquiry reports, together with the existence thereof, and summary orders;

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. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the accused has been punished five times due to drunk driving, drinking, and one-time due to unlicensed driving, but it is not very good that the accused commits the crime committed again in the period of probation due to drinking or non-licensed driving.

(A) A sentence shall be imposed on the defendant, taking into account the fact that the defendant was found to have been sentenced to suspended sentence and that the blood alcohol concentration is very high even though he was found to have been found to have been sentenced to suspended sentence.

However, the punishment shall be determined as ordered in consideration of the fact that there is no special penalty power except the above punishment power, and all other sentencing conditions.