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

Punishment of the crime

[criminal power] On November 11, 2003, the Defendant received a summary order of KRW 1.5 million from the Seoul Eastern District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, on February 22, 2009, a summary order of KRW 2 million for a violation of the Road Traffic Act at the Seoul Western District Court, on May 28, 2010, the Incheon District Court issued a summary order of KRW 1 million for a violation of the Road Traffic Act, on December 10, 2010, by a fine of KRW 5 million for a violation of the Road Traffic Act at the Seoul Western District Court, and on May 22, 2013, the Defendant filed an appeal with the Seoul Western District Court for a suspended sentence of KRW 2 million for a violation of the Road Traffic Act.

【Criminal Facts】

On June 20, 2013, at around 07:20, the Defendant driven a 2 cargo vehicle in the Kacheon-gun temporary number plate in the state of alcohol 0.126% under the influence of alcohol without obtaining a driver's license for a vehicle driving at approximately 400 meters in the section of 400 meters of blood alcohol, from the road in front of the station distance in Gangdong-gu Seoul Metropolitan City until the time when a traffic accident attributable to the same 449-13 front of the same Sungdong-dong-dong 449-13.

Summary of Evidence

1. Defendant's legal statement;

1. An investigation report on actual conditions, a traffic accident occurrence report, a alcohol camera, a report on the actual state of a driver, an accident-related photograph, an investigation report (totalization of the Radmark) and a driver's license register;

1. Previous records of judgment: Application of inquiry reports and investigation reports (a summary order and accompanied by a copy of indictment) including criminal records, etc.;

1. Article applicable to criminal facts;

(a) point of drinking: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Subparagraph 1 of Article 152 and Article 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. The defendants under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation are repented in depth.