A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On April 23, 2009, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act in the Gangnam Branch Branch of the Chuncheon District Court on August 23, 2009, and was sentenced to a suspended sentence of two months for the same crime at the Daegu District Court on October 19, 2012, and was sentenced to a suspended sentence of ten months for the same crime at the Daegu District Court on October 27, 2012.

On November 11, 2012, the Defendant, without a driver’s license on November 23 and 2012, driven a C-wing truck at approximately 2 km from the 2km section to the roads near the Jindong in Daegu-gu, under the influence of alcohol content of 0.114%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers, report on the circumstances of drivers, and the register of drivers' licenses;

1. Previouss before and after judgments: Criminal records, etc. inquiry reports, investigation reports (Attachment to previous and previous judgments), judgments, and application of Acts and subordinate statutes governing summary orders;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Scope of the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: The Defendant, from six months to one year and six months prior to the date of imprisonment, has a history of being subject to criminal punishment several times including three times of suspended sentence due to drunk driving. In particular, on October 19, 2012, the Defendant again committed the instant crime within a period of ten months of imprisonment with prison labor, which was sentenced to a suspended sentence of two years due to a drunk driving on October 19, 2012, which was a serious crime threateninging the life and body of himself/herself and others, and the revised Road Traffic Act, which was amended, strengthens criminal punishment by enhancing the statutory penalty for such a serious crime.