A defendant shall be punished by imprisonment for six months.

Punishment of the crime

【Criminal Power】 On November 28, 201, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) at the Seo-gu District Court’s Branch Branch Branch, and on November 5, 2013, the Defendant was sentenced to a suspended sentence of two years for a year for a crime of violating the Road Traffic Act (driving) at the Daegu District Court’s Branch, and the said judgment became final and conclusive on November 13, 2013. On July 7, 2015, the Defendant was sentenced to a summary order of KRW 7 million for a fine of KRW 1 million for a crime of violating the Road Traffic Act (driving) at the Seo-gu District Court’s Branch.

【Criminal Facts of Crimes】 On August 9, 2015, at around 21:40, the Defendant driven a CSS520-V car under the influence of alcohol concentration of about 0.113% without obtaining a driver’s license at a distance of about 200 meters from the front of the commercial convenience store in the Seo-gu, Seo-gu, Daegu, Seo-gu to the front of the Magdong, Seo-gu, Daegu to the front of the Magdong.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of a violation of the Road Traffic Act (driving and driving without a license), and reporting on the situation of driving under the influence of alcohol;

1. Details of driver's license inquiry and revocation of driver's license;

1. Previous records: Application of criminal records, inquiry reports, investigation reports, 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 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 of the Criminal Act for discretionary mitigation have been subject to multiple punishments for the same kind of crime, in particular, after being sentenced to a one-year suspended sentence for a same crime on or around November 2013, a two-year suspended sentence was sentenced to a fine of KRW 7 million for driving under the influence of alcohol again during the suspended sentence, in consideration of the fact that the Defendant committed the instant crime even though he/she was sentenced to a summary order of KRW 7 million for a fine again during the suspended sentence, it is deemed that the Defendant’s severe punishment is inevitable.

Accordingly, the defendant commits the crime.