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

Punishment of the crime

[criminal history] On May 30, 2014, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million due to a violation of road traffic law at the Suwon District Court on the grounds of a violation of road traffic law (drinking). On February 2, 2015, the Defendant was sentenced to imprisonment with prison labor for eight months and two years of suspension of execution.

[Criminal facts] On April 10, 2017, the Defendant driven a 2km freight vehicle B from the 2km section to the road before the police station at the same time on the front of the pumping station located in the Yancheon-si Sacheon-si Sacheon-si Sacheon-si, with alcohol content of 0.10% while under the influence of alcohol without a driver’s license on April 10, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving and the circumstances of the driver who is placed in the main place;

1. Inquiries about the results of crackdown on drinking driving and notification of the results of crackdown on drinking driving;

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of a small amount of alcohol are as follows: (a) the Defendant had a history of having been sentenced to a suspended sentence of imprisonment on the grounds that he had been driving at least twice and had been driving again; and (b) the Defendant had a history of driving again.

Considering the purpose of the Road Traffic Act and the risk of recidivism revealed in the criminal records of the defendant, it is reasonable to punish the defendant strictly.

However, the defendant is likely to reflect the crime and not to repeat the crime.

d.e.g.