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

Punishment of the crime

[criminal power] In the Seosan Branch of the Daejeon District Court on August 24, 2012, the Defendant was sentenced to a fine of three million won for the crime of violation of the Road Traffic Act, and a fine of three million won for the same crime, etc. in the same court on August 27, 2012, and was sentenced to a fine of three million won for the same crime, etc. on December 18, 2014 by the same court on December 26, 2014, and was sentenced to a suspended sentence of two years for imprisonment for the same crime, etc. on the same court on the same day

【Criminal Facts】

On April 30, 2015, at around 04:05, the Defendant driven a DNA car under the influence of alcohol with approximately 20 meters alcohol concentration 0.085% without obtaining a license for driving alcohol at a cafeteria cafeteria cafeteria cafeteria cafeteria located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Detailed details of the driver's license;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (reports on confirmation of criminal records of the same kind of punishment of a suspect);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is deemed to be against the Defendant’s wrongness, but the Defendant committed the instant crime during the suspended execution period for the same kind of crime even though he/she had the record of being punished four times due to the same kind of crime, as well as the overall conditions for sentencing specified in the records and arguments of the instant case.