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

Punishment of the crime

[criminal power] On June 16, 2008, the Defendant was sentenced to a summary order of 2.5 million won for a violation of the Road Traffic Act (driving). On July 14, 2010, the Defendant was sentenced to a summary order of 3.5 million won for a violation of the Road Traffic Act (driving). On September 25, 2013, the court was sentenced to a suspended sentence of 10 months for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On October 25, 2014, the Defendant, without obtaining a driver’s license at around 21:23, the Defendant driven D Popping vehicle over about 1 km from the Do near the “Stop convenience store” located in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Cheongju to the road near the “Stop convenience store” located in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, 1km under the influence of alcohol level of 0.192%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of drinking control, and report on the actual state of a drinking driver;

1. Registers of driver's licenses;

1. Photographs;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the same kind of records), three copies of summary orders, and application of Acts and subordinate statutes of one written judgment;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Since around 2005, the Defendant committed the same kind of crime under the state of license without obtaining a license during the period of the suspension of the execution of the punishment, although the Defendant had been guilty of violating the Road Traffic Act (three times of fine and one time of suspended the execution of the punishment) four times (three times of a fine) due to the crime of violation of the Road Traffic Act in light of the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the grounds for discretionary mitigation).

Although the defendant did not commit a second offense by seriously against the defendant's mistake, it is an objection against the defendant who repeatedly commits the same kind of crime.