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

Punishment of the crime

On June 3, 2011, the Defendant was sentenced to one year and two years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Daejeon District Court on June 3, 201, and was sentenced to a summary order of a fine of three million won for the violation of the Road Traffic Act on December 6, 2010, a summary order of a fine of two million won for the same crime on November 24, 2009, and a summary order of one million won for the same crime on December 30, 208.

On July 28, 2014, the Defendant, without obtaining a driver’s license on July 19, 2014, driven a Cystren vehicle in the state of alcohol alcohol concentration of approximately 0.288% from the section of about 100 meters from the front side of the Hong Fri-gun, Chungcheongnam-gun, Chungcheongnam-do to the front side of the red-day pharmacy located in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to inquiry reports and investigation reports (including a copy of the judgment attached thereto);

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 Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant committed the instant crime even though he/she had the past record of punishment due to drinking driving, etc. on several occasions, in addition, considering the circumstances such as the fact that the defendant committed the instant crime and the fact that drinking water is very high, it is inevitable to sentence a punishment heavier than that of the defendant.

However, the above punishment was determined in consideration of the circumstances favorable to the defendant, such as the fact that the driving distance is not long, and the fact that the mistake is against the defendant.

It is so decided as per Disposition for the above reasons.