A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On June 7, 2010, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act in the Cheongju District Court’s Chungcheong Branch on June 7, 2010. On November 29, 2013, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for the same crime, etc. in the same court on November 29, 2013, and was sentenced to a suspended sentence on December 7, 201

On April 17, 2015, at around 09:05, the Defendant driven a car in the Ccoon while under the influence of alcohol level of about 0.071% without obtaining a driver’s license from the two kilometers section from the front of Samwon Elementary School located in the Dobong-dong, Chungcheongnam-si, Chungcheongnam-si, to the roads located in the same Sineung-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (limited to previous convictions and attachment of judgment);

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

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 has already been punished for drinking or driving without a license, and it is inevitable to sentence the defendant for committing the instant crime without being aware of the fact that he/she was under suspension of execution.

However, in consideration of all the sentencing conditions shown in the records and pleadings of this case, such as the fact that the defendant reflects the crime, and the degree of the taking, the punishment as ordered shall be determined.