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

Punishment of the crime

On December 23, 2011, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act in the credit branch of Suwon District Court on December 23, 201, and on October 4, 2012, the same court was sentenced to imprisonment for eight months for a violation of the Road Traffic Act and three years for a suspended sentence, and the said judgment became final and conclusive on October 12, 2012, and is currently under suspended sentence.

On November 1, 2014, at around 00:05, the Defendant driven a DNA string vehicle with a blood alcohol concentration of 0.112% under the influence of alcohol without a vehicle driver’s license in approximately 500 meters from the “Yak KakKK” in the direction of “MakKKK” located under the influence of the Gyeonggi-si in the summer-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Report on the results of the drinking driving control, and the statement of the situation of driving under the influence of alcohol;

1. License register;

1. Previous records: Application of criminal records and investigation reports (previous records and attachment of judgment) and 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 (the punishment shall be imposed for a violation of the Road Traffic Act with heavier punishment);

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 is that the defendant, who has the ability to drive under the influence of alcohol, does not have the ability to drive under the influence of alcohol without obtaining a license during the period of suspension of execution. Thus, it is reasonable to accept the alcohol, and the situation after the crime is not sufficient because he/she pretends that he/she would drive under the influence of alcohol. Thus, a sentence to issue a severe warning to the defendant is inevitable.