A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On November 11, 2011, the Defendant issued a summary order of a fine of three million won due to a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon-gu branch of the Daegu District Court, and on February 15, 2013, the Defendant was sentenced to a suspended sentence of six months for the same crime by the same court, and was sentenced to a suspended sentence of two years for the same crime. On April 21, 2014, the Defendant was driving a motor vehicle with C low alcohol level of 0.216% while under the influence of alcohol level on the road of the Cheongdong-gu Fung-gu, Seoul Special Metropolitan City on April 12, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

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 has a history of being sentenced to four criminal punishment for drunk driving since 2003, and in particular, on February 15, 2013, two years of suspension of the execution of imprisonment for six months due to drinking or non-licensed driving;

2. In light of the fact that the judgment became final and conclusive and conclusive, even during the period of suspension of execution, it is difficult to expect the improvement of the Defendant’s character and behavior, the sentence shall be imposed on the Defendant as it is difficult to expect the improvement of the Defendant’s character and behavior, taking into account the fact that the Defendant was engaged in drinking and driving without a license, and that there was another vehicle prior to driving a parked vehicle, there is a high drinking level, and there is no special motive for drinking and driving without a license.