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

Criminal facts

[criminal history] On January 27, 2004, the Defendant received a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act (unlicensed Driving) from the Southern District Court of the Jeonju on January 27, 2004; on June 26, 2008, the Defendant received a summary order of KRW 3,00,000 as a fine for a violation of the Road Traffic Act (driving Driving) from the Changwon District Court of the Changwon District Court; on October 1, 2008, the Defendant received a summary order of KRW 3 million as a fine for the same crime; on September 26, 2014, the same court issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (unlicensed Driving) at the same court on February 5, 2016; and on February 13, 2016, the sentence becomes final and conclusive during the suspension period as of February 13, 2016.

[2] On March 11, 2016, the Defendant driven a B EF rocketing car under the influence of alcohol level of 0.092% while under the influence of alcohol level of 0.092%, without obtaining a driver’s license, from the front day of the Dong Bag-dong, which is in a pre-fluent Dong at a common time, to the earth’s fluent road in a common time.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

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

1. The driver's license ledger;

1. Previous convictions in judgment: References to inquiries about criminal history, application of investigation reports (judgments, summary orders)-related Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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. Selection of imprisonment with prison labor chosen;

1. For the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act, the Defendant’s blood alcohol density, the degree and distance of driving, the records of punishment for the same kind of crime, and the recidivism during the period of suspension of execution, and other conditions of sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, sex behavior, environment, and the circumstances after the crime.