A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal Power] On August 1, 2013, the Defendant was sentenced to imprisonment for six months with prison labor for a crime of violation of the Road Traffic Act, etc. at the Youngju District Court’s Young-dong branch, and the judgment was finalized on August 9, 2013. On May 19, 2011, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act from the Youngju District Court’s Young-dong branch.

【Criminal Facts】

1. On December 19, 2014, the Defendant driven DK5 automobiles while under the influence of alcohol content of about 0.153% from a section of about 100 meters to a 100-meter distance before the 100-meter Rocheon Sports Center located in the Geumcheon-gu, Macheon-gun, Chungcheongnam-do.

As a result, the defendant, who had driven a motor vehicle twice or more, driven a motor vehicle again under the influence of alcohol.

2. The Defendant violated the Road Traffic Act (free license) driving of the said vehicle without obtaining a driver’s license at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. The ledger of driver's licenses;

1. Previous records of judgment: Application of inquiry report on criminal records, etc. and of each copy of judgment;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is five times or more, and the defendant has been convicted of drunk driving, in particular, even though he is currently under probation due to drunk driving, and has again carried out drinking and driving without a license without being aware of the fact that the crime is extremely poor.