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

Punishment of the crime

On November 6, 2007, the Defendant was sentenced to a fine of three million won for the crime of violation of the Road Traffic Act in the Southern District Court of the Jeonju on November 6, 2007; on April 14, 2009, the same court in the same court as of April 14, 2009; on October 26, 2012, a fine of two million won for the same crime in the same court; and on July 21, 2015, the same court was sentenced to a suspended sentence of two years for the same crime.

On August 14, 2015, at around 21:00, the Defendant driven C Non-Stop car in the state of alcohol alcohol concentration of about 8 KK 0.087% without a car driver's license from the front side of the Young-si, Young-si, Young-si, Chungcheongnam-si to the front side of the Chungcheong Security Center located in the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records and investigation reports (attached to judgments-applicable Acts and subordinate statutes concerning current probation period);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime (the point of running sound, the choice of imprisonment), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act (the point of driving without a license and the choice of imprisonment);

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., favorable sentencing conditions among the reasons for sentencing) is that the defendant all acknowledges his/her criminal act and scraps his/her car as indicated in the judgment, etc. will not drive a drinking or without obtaining a license, and the fact that the defendant is currently supporting his/her old mother is favorable to the defendant.

However, even though the defendant had been already punished five times for drinking driving prior to the crime of this case and three times for driving without a license, it again leads to the crime of this case, in particular.