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

Punishment of the crime

[criminal power] On September 28, 2006, the Defendant was issued a summary order of KRW 2.5 million due to a violation of the Road Traffic Act in the Southern District Court's Southern Branch, etc. on November 9, 2006, and on September 9, 2008, the Defendant was sentenced to a summary order of KRW 1 million due to the same crime in the same court, etc. on September 9, 2008, and sentenced to a suspended sentence of KRW 5 million for the same crime in the same court on September 9, 2008. On December 4, 2009, the Defendant was sentenced to a fine of KRW 5 million due to the same crime in the Jeonju District Court's Jeonju Branch branch on November 23, 2010, and was sentenced to a fine of KRW 10 million due to the same crime in the same court on April 5, 2016.

【Criminal Facts】

On May 6, 2016, the Defendant, without obtaining a motorcycle driver’s license around 21:13, driving a bffal off from the section of approximately 2 km to the front of the public market in Geumwon-si, Namwon-si, in a state of alcohol of 0.142% of the blood alcohol content, from the front of the public market in Geumwon-si, Namwon-si to the front road of Chowon-dong 99 in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (a copy of the same attached military records);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving a motorcycle without obtaining a license for driving a motorcycle);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include several times of criminal punishment due to drinking or unlicensed driving, in particular, the Defendant was sentenced to a fine of 10 million won on April 5, 2016 by this court as a result of drinking or unlicensed driving, and again carried out drinking or unlicensed driving only once a month, and the blood alcohol concentration of this case is the blood alcohol concentration.