A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On October 18, 2011, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act at the Busan District Court, and on April 24, 2015, the Defendant was sentenced to imprisonment with prison labor for one year and two years of suspended execution on July 10, 2015 by the same court.

On June 22, 2016, at around 22:20, the Defendant driven a car in Crocco with approximately 0.185% alcohol concentration without obtaining a driver’s license in approximately 3km section from the front day of the mutual influent drinking house in Chang Sea-gu, Changwon-si to the front day of the Hyundai apartment located in Changwon-gu, Changwon-si, Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, reply reports (A), investigation reports (Attachment to summary orders, etc.), advance records of dispositions, results of confirmation, and reporting on results of confirmation;

1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same 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 reasons for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant committed each of the instant crimes under the same type of without a license even though not only had the record of being punished for a crime of violating the Road Traffic Act, but also had the record of being sentenced to a suspended sentence two times, such as the record of criminal facts in the judgment of the lower court; (b) the Defendant committed each of the instant crimes under the same type of license; (c) the blood alcohol concentration level at the time of driving under the influence of alcohol is very high as well as the occurrence of physical damage by causing a traffic accident.

However, the defendant's mistake is often divided and reflected in depth, the defendant is aged, and the imprisonment is imprisonment.