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

Punishment of the crime

[Criminal Power] On June 5, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Busan District Court on August 5, 2012, and the execution of the sentence was terminated on January 31, 2013.

【Criminal Facts】

On October 6, 2009, the defendant was ordered to forward the juvenile protection case to the Dong District Office of Busan District Prosecutors' Office as a crime of violation of the Road Traffic Act (driving). On June 3, 2010, the defendant was sentenced to a summary order of 2,50,000 won as a crime of violation of the Road Traffic Act (driving) from the Busan District Court's Branch Branch, and on June 5, 2012, the defendant was sentenced to imprisonment of 8 months from the Busan District Court for a violation of the Road Traffic Act (driving).

On August 10, 2014, the Defendant, while under the influence of alcohol three times, driven B K5% under the influence of alcohol without obtaining a driving license for approximately 100 meters from the front of the 100-meter radius to the front of the 1st Public Security Center located in the same Gu and Dong-dong, Busan, Busan, on August 10, 2014.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act more than twice and drives the said vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses, reports on the results of the control of drinking driving, and reports on the state of drinking drivers;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (attached to a judgment and a summary order), investigation reports (applicable to cases of personal identification and confinement status), and Acts and subordinate statutes;

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 with heavier punishment);

1. Imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.