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

Punishment of the crime

[criminal history] On November 8, 2007, the Defendant was sentenced to a summary order of 1.5 million won for a violation of the Road Traffic Act (drinking driving), and on January 30, 2009, the Defendant was sentenced to a summary order of 1.5 million won for a violation of the Road Traffic Act (drinking driving), and on April 17, 2015, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act (drinking driving) in the same court.

[2] On August 26, 2016, the Defendant, without a driver’s license on August 26, 2016, driven a Caluri vehicle while under the influence of alcohol leveling 0.076% of alcohol level at a section of approximately one kilometer in front of the same Eup/Myeon located in the Geum-gun Sin Pung Pung Pung-si, Pyeongtaek-gun, Gyeong-gun, Gyeonggi-do, the Defendant driven a Caluri vehicle with approximately one kilometer in front of the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the accused;

1. Statement report on the situation of a driver driving, notification on the result of regulating drinking driving, and the register of driver's licenses;

1. Records of judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment report to a suspect A written judgment, etc.) shall be made;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of a small amount of driving have the record of driving under the judgment of the defendant four times or more including the record of driving under the influence of alcohol as stated in the judgment, and the defendant again drives under the influence of alcohol even though he is under the suspension of the execution due to driving under the influence of alcohol, and it is inevitable to sentence the defendant as a sentence.

However, the fact that the defendant repents his mistake, the blood alcohol concentration is not high, and the previous three of the drinking driving power has relatively long passed.