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

Punishment of the crime

On August 6, 2010, the Defendant was sentenced to a fine of 2 million won for a violation of the Road Traffic Act (drinking driving) at the Suwon District Court's Eunpyeong District Court's House on December 16, 2010 and a summary order of 2.5 million won for the same crime, etc. at the same court on December 16, 2010. On November 21, 2014, the Defendant was sentenced to a suspended sentence of 2 years for imprisonment with prison labor for the same crime at the same court on June, 2014, and the judgment became final and conclusive on November 29, 2014.

Although the Defendant had three times of driving alcohol as above, on December 31, 2015, he once again driven C cargo vehicle while under the influence of alcohol of about 0.182% of alcohol while under the influence of alcohol without obtaining a driver’s license from the section of about 1km up to the front road of the Paris 103 at Pyeong-dong, Hong-dong, Hong-dong, Hong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of the circumstances of driving at home;

1. Notification of the results of regulating drinking driving;

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger;

1. Previous convictions: Inquiry into criminal history and application of Acts and subordinate statutes concerning criminal records;

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 for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act (see, e.g., circumstances leading to the commission of a crime, serious reflectivity, and clear social relation) of the Act on Reduction of Quantity - It is so decided as per Disposition on the grounds that the aforementioned reasons for mitigation and motive leading to the crime and motive and circumstance leading to the crime, crime records, circumstances after the crime, crime records, age of the defendant, sexual conduct, intelligence, environment, etc. are above all taken into account.