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

Punishment of the crime

[criminal power] On April 10, 2014, the Defendant was issued a summary order that imposes a fine of one million won at the Seoul Southern District Court on the charge of a violation of the Road Traffic Act (driving). On September 10, 2015, the Defendant issued a summary order that imposes a fine of two million won at the Incheon District Court on the charge of a violation of the Road Traffic Act (driving). On January 13, 2016, the Seoul Central District Court sentenced the Seoul Central District Court to a suspended sentence of six months for a crime of a violation of the Road Traffic Act (license) and became final and conclusive on January 21, 2016.

【Criminal Facts】

around 02:30 on August 19, 2016, while under the influence of alcohol level of 0.138% without driver's license, the Defendant driven a HW car with approximately KRW 20 km hW car from the front day of the drinking house in Gangseo-gu Seoul Metropolitan Government to the second freedom-ro (the direction of wave) located in Mangdong-gu in Mangdong-si, Goyang-si, Goyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of crackdown on drinking driving, report on the circumstances of drinking drivers, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking driving;

1. Sovereign photographs;

1. Registers of driver's licenses;

1. Previous convictions: Criminal records, investigation reports (verification of criminal records of the same kind of crime A and probation period), judgments, and application of Acts and subordinate statutes of each summary order;

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 ordinary concurrent crimes (a punishment heavier than punishment and a punishment prescribed for a violation of the Road Traffic Act due to a drunk driving);

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant, even though he/she had been found to have been punished by drunk driving several times within a short period, once again, was under the influence of alcohol in a state of drinking exceeding 0.1% of blood alcohol concentration by non-license within the period of probation.