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

Punishment of the crime

[criminal history] On February 9, 2009, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), and on May 30, 2012, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the same support on May 30, 2012, and on June 26, 2013, the Defendant was sentenced to imprisonment for ten months due to a violation of the Road Traffic Act (drinking driving) at the Suwon Friwon, and was sentenced to imprisonment for six months on January 26, 2015, and completed the execution of the said sentence on July 28, 2015.

[2] On December 12, 2015, the Defendant, without obtaining a driver’s license of a motor vehicle around 13:00 on December 13, 2015, driven the motor vehicle of D Kao in approximately 5.4km from the front day of the Padju City to the front day of the Padju City 179-18 at the Padju City Do 179-18. On the same day, the Defendant continued to drive the motor vehicle of D Kao in the direction of about 1.65 km from the Padju City Do 14:05 on the same day without obtaining a driver’s license of a motor vehicle.

As a result, the defendant violated the prohibition of drinking at least twice, and drives a motor vehicle without obtaining a driver's license in the state of drunk.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, the current status of acceptance/collection by individuals, investigation reports (prior convictions and reporting of repeated crimes of suspects), and statutes;

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reduction of a small amount;