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

Punishment of the crime

[criminal history] On September 6, 2012, the Defendant was issued a summary order of KRW 4,50,000 by a fine for a violation of the Road Traffic Act (drinking driving) at the Gwangju District Court, and on April 28, 2015, the Defendant was sentenced to a suspended sentence of two years for the same crime in the same court, etc. on May 7, 2015, which became final and conclusive on May 7, 2015, and has violated Article 44(1) of the Road Traffic Act at least twice.

[2] On June 25, 2015, around 21:30, the Defendant driven a clateral vehicle under the influence of alcohol leveling 0.112% without a driver’s license, from around 2km to the roads adjacent to the same Kunsandong Samsung apartment road in Gwangju Mine-gu, Gwangju, to the roads adjacent to the same Kunsandong Ydong Co., Ltd.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions of the driver involved, a statement on the situation of the driver involved, a response to requests for appraisal, a report on investigation, and the driver's license register;

1. Previous convictions: Inquiry into criminal history and application of Acts and subordinate statutes of investigation report (Attachment of the same criminal suspect's 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. In light of the fact that: (a) the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment has a record of being punished several times due to driving of alcohol or driving without a license; and (b) the crime of this case was committed without being aware of the fact that he/she committed the crime while under probation, a sentence of sentence is inevitable.

However, in full view of all the sentencing conditions shown in the arguments of this case, such as the fact that the sentencing guidelines are against the defendant, the age, sex, environment, circumstances of the crime, and the circumstances after the crime, etc., the punishment shall be determined as ordered (the sentencing guidelines shall not apply to a crime for which no sentencing guidelines have been set).