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

Punishment of the crime

[criminal history] On August 9, 2010, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court (hereinafter “Seoul Southern District Court”), on January 17, 2014, a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Chungcheong Branch of the Chungcheong District Court (hereinafter “Cheongju District Court”), and on July 22, 2015, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving), respectively. On July 30, 2015, the Defendant was sentenced to imprisonment for 8 months and suspended sentence for two years, and the driving force of drinking becomes final and conclusive on July 30, 2015 at least twice.

[2] On March 15, 2016, the Defendant driven a d’s vehicle under the influence of alcohol concentration of about 0.190% without a driver’s license in the section of about 20km from the front of the Seocho-gu Seoul Seocho-gu to the Hannam-gu, Seocho-gu, Seoul, Sawon Winter Olympic (locked direction) on the high-speed road around 11:00, the Defendant driven a d’s vehicle under the influence of alcohol concentration of about 0.190% in blood without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Request for appraisal, response to a request for appraisal, a written appraisal of alcohol during blood, a report on detection of a driver with primary alcohol, a report on the circumstances of non-licenseless driving, the details of revocation of driver's license, and the ledger

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as inquiry into criminal history, investigation report, and judgment;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds) of the Act on the Mitigation of Small Quantity was that the Defendant driven a 4th alcohol, and the blood alcohol concentration is not lowered.

Even though there was a record of the suspension of the execution of imprisonment with prison labor for the same crime, each crime of this case has been committed again, and the defendant is inevitable to be sentenced to punishment.

However, the fact that the defendant is against the defendant, the background of the driving of drinking claimed by the defendant, and the time when it was controlled.