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

Punishment of the crime

On December 31, 2009, the Defendant was sentenced to a fine of two million won for a violation of road traffic law at the Daejeon District Court on December 31, 2009, and was sentenced to a fine of two million won at the same court on November 15, 2010, and was sentenced to a fine of two million won for the same crime at the same court on November 15, 2010, and on February 4, 2015, the Defendant was sentenced to eight months of imprisonment for a violation of road traffic law (unlicensed driving) at the same court on February 10, 2015, and completed the execution

Although the Defendant violated the provision prohibiting driving of alcohol twice or more, on March 31, 2017, at around 01:30, the Defendant driven a B-car without obtaining a driver’s license in the state of alcohol 0.081% of alcohol content in the blood alcohol content from the front of a mutually influent restaurant located in the Dong-dong, Daejeon-gu, Daejeon to the front of the same Dong-dong from around 1km to the front of the Dong-dong middle school.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect against the defendant;

1. Inquiries about the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history, investigation reports (Attachment of the same type of crime records, etc.), application of Acts and subordinate statutes concerning personal confinement;

1. Article 148-2 (1) 1 of the Road Traffic Act (the point of drinking) concerning the facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of driving without a license) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment shall be imposed on a person who violates the Road Traffic Act due to a more severe drinking driving);

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity is in this case, even though the blood alcohol content is 0.081% higher in itself compared to other matters, the same criminal records are repeated over several times in a short period, and in particular, inasmuch as the same criminal records were committed within the period of repeated offense even though the sentence was imposed due to the previous criminal records, a sentence is inevitable for severe warning to the defendant.