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

Punishment of the crime

On December 11, 2006, the Defendant was issued a summary order of two million won by a fine for a violation of the Road Traffic Act (driving) at the Gwangju District Court on December 11, 2006, and on March 18, 2011, the same court issued a summary order of three million won by a fine for a violation of the Road Traffic Act (driving). On November 27, 2012, the same court was sentenced to a suspended sentence of six months by imprisonment for a violation of the Road Traffic Act (driving). On December 16, 2014, the Defendant was sentenced to a suspended sentence of two years by the same court on August 24, 201 and the said court became final and conclusive on December 24, 2014, and is still under the suspended sentence.

On September 22, 2016, the Defendant, without obtaining a driver’s license at around 22:25, driven a C-man’s vehicle at the section of about 1km from the front of the monthly grain market in the Gwangju Mine-gu to the lower end of the Hannam-dong Ro-dong, Gwangju, while under the influence of alcohol by 0.228% of alcohol level without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, investigation reports (Attachment to the same criminal records and the same criminal records) 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation was already punished four times, including the suspension of the execution of imprisonment with prison labor for drunk driving, etc., and the probation period is currently in the suspension of the execution, and the defendant's blood alcohol concentration is very high, it is inevitable to sentence the defendant as a sentence.

However, the defendant supports his/her mother and his/her father who is a high school student, and does not drive his/her vehicle again while disposing of his/her vehicle.