A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On April 23, 2010, the Defendant was sentenced to a fine of three million won for the crime of violation of the Road Traffic Act at the Gwangju District Court on April 23, 2010 and a fine of two million won for the same crime at the Daegu District Court on May 10, 2007, respectively. On February 23, 2012, the Defendant was sentenced to a suspended sentence for six months by imprisonment with prison labor at the Gwangju District Court on February 23, 2012, and is currently under the grace period after the said judgment became final and conclusive on March 3, 2012.

around 05:00 on October 14, 201, the Defendant driven a B-car under the influence of alcohol content of 0.187% without a vehicle driver’s license from around 30 meters away from the Do in front of the restaurant of the “Samapog Gambag” in the Geum-dong, Seo-gu, Seo-gu, Gwangju to the front road of the “Sawing-gu B” in the same Dong.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. Previous convictions in judgment: Inquiry reports, investigation reports (reports attached to judgments, etc.), application of Acts and subordinate statutes of the summary agreement auxiliary to cases;

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 for commercial concurrent crimes (a punishment imposed on a violation of the Road Traffic Act with more severe punishment);

1. Selection of imprisonment with prison labor chosen;

1. The current Road Traffic Act of the grounds for concurrent dealing and sentencing under Articles 37 (latter part), 39 (1) and 55 (1) 3 of the Criminal Act provides that a person who has violated the provision on prohibition of drunk driving twice or more shall be punished more strictly if he/she drives under the influence of alcohol again for the purpose of preventing a person from driving under the influence of alcohol that threatens the safety of road traffic and impairing his/her awareness of it, and the defendant has already been punished four times due to drunk driving, and further, the defendant committed the crime of this case as long as he/she was found to have caused a traffic accident due to drinking and non-licenseing.