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

Punishment of the crime

[criminal history] The Defendant is a person who was sentenced to imprisonment with prison labor for six months in the same court on April 16, 2014 during the grace period and completed the execution of each of the above sentence in the Netcheon Branch of the Gwangju District Court on January 25, 2008, as a crime of violation of road traffic law (driving), and in the same court on December 27, 2010, as the same crime, etc. on December 27, 2010, the Defendant was sentenced to a summary order of 4 million won. On October 23, 2013, the same court was sentenced to a suspended sentence of 6 months in the same court on April 16, 2014 and was sentenced to a suspended sentence of 6 months in the same court on April 14, 2015.

[2] On June 3, 2016, the Defendant driven the above cargo vehicle at approximately 300 meters from the front side of the lock apartment located in the northwest-gu, Mineyang-si to the intersection in the same Eup/Myeon, while under the influence of alcohol of 0.084% in blood during blood without the driver’s license on June 3, 2016.

Summary of Evidence

The defendant's oral statement report on the circumstances of the driver in charge of the defendant's oral statement, previous convictions: References to inquiries such as criminal history, text of the judgment and summary order, and application of the statutes

1. Article 148-2 (1) 1, Article 44 (1) 1, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense, the applicable law, the selective punishment, and the choice of imprisonment;

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

3. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of small amount of alcohol is that the Defendant was sentenced to a fine of four times due to drinking alcohol driving, to observe protection, and to a suspended sentence of one time, and was sentenced to a punishment for six months, but again repeated driving of the instant drinking during the period of repeated offense, even though he/she had been sentenced to a punishment for six months.

Therefore, the sentence shall be imposed on the defendant, and the sentence shall be mitigated from the statutory penalty by taking into account the fact that the defendant commits a mistake, and the sentencing conditions such as the age, sex, family environment, etc. of the defendant.