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

Punishment of the crime

[Power of crime] On October 17, 2012, the Defendant was sentenced to a suspended sentence of two years for a period of eight months due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act in the branch court of the Jeonju District Court of Seoul, which was sentenced to a suspended sentence of two years. On November 21, 2014, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act at the Jeonju District Court of Korea.

[2] Notwithstanding the above two occasions, the Defendant: (a) 5, an armed coloned in the Go Chang-gun, North Chang-gun, North Korea, on February 4, 2016, driven a B-co vehicle under the influence of alcohol leveling to about 0.118% without obtaining a driver’s license, while under the influence of alcohol leveling to about 20 meters in the e-mail parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: A response to inquiry, such as criminal history, report on investigation (Attachment of criminal records, etc. of the same kind as the suspect), summary order, and application of respective statutes;

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

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

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 mitigation of small volume is that the defendant repents and reflects his mistake, that the defendant 6-month period prior to the crime of this case is cut and lives together, that the distance of the vehicle is not driving, and that the defendant's wife wants to take the front line, etc., are favorable circumstances that should be taken into account in determining the defendant's punishment.

However, the Defendant was detained with imprisonment on August 12, 2014 in the instant case No. 2014 High Court Decision 230, and was released upon the Defendant’s prior notice of suspension of execution at the appellate court, and two times as indicated in the record of the crime in the instant case.