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

Punishment of the crime

On January 18, 2007, the Defendant was sentenced to a fine of 4 million won due to a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch, etc. on November 22, 2007, and a summary order of 3 million won due to the same crime, etc. in the same court on November 22, 2007, and was sentenced to a suspended sentence of 8 months for the same crime in the same court on May 15, 2008. On June 27, 2013, the Defendant was sentenced to a suspended sentence of 2 years due to a suspended sentence of 6 months for the same crime, which became final and conclusive on July 5, 2013.

On February 24, 2014, the Defendant, who had driven two or more times, once again, driven D's automobile while under the influence of alcohol of about 0.064% without a vehicle driver's license, from around 100 meters away from the front side of the vice apartment in the Gu-Si, Si-si, Si-si, to the front side of the Rool Association located in the same Dong to the 100-meter road in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (written judgments during the period of suspension of execution and reports on confirmation of the same criminal records);

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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 discretionary mitigation has a history of criminal punishment seven times from 2002 due to drunk driving or unlicensed driving since 2002. In particular, even though the punishment for probation was recently imposed twice as stated in the recent ruling, it is still divided, and it is difficult to expect the improvement of Defendant’s character and behavior due to the previous punishment, and it is difficult to expect improvement of the Defendant’s character and behavior, but the above punishment is not high.