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

Punishment of the crime

On August 10, 2006, the Defendant issued a summary order of KRW 700,00 won for a fine of KRW 4 million for a violation of road traffic laws in the Changwon District Court through the Changwon District Court on August 10, 2006; on May 27, 2013; on September 21, 2015, a fine of KRW 5 million for the same crime in the same court on September 21, 2015; on April 29, 2016, the same court issued a summary order of KRW 70,000 for a violation of road traffic laws (licenseless driving); and on November 23, 2016, the same court was sentenced to a suspended sentence of imprisonment of KRW 1 year and six years for a violation of road traffic laws (driving under drinking), and the above judgment became final and conclusive on December 1, 2016.

Although the Defendant had been punished twice or more due to the crime of violating the Road Traffic Act (drinking) as above, on November 13, 2016, the Defendant driven a C-learning car under the influence of alcohol concentration of about 0.132% without a vehicle driver’s license in the section of about 5km from the front of the friendly building located in the ancient-dong at the same time on the road of the Machip flas, which is located in the ancient-dong at the same time on November 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of traffic accidents;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of crackdown on drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: References to inquiries about criminal history, application of investigation reports (judgments, summary orders)-related Acts and subordinate statutes;

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

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

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) (limited to the crimes of violating Road Traffic Act as stated in a final judgment and the crimes of this case);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the Defendant’s blood alcohol concentration is considerably high and driving.