A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On February 6, 2015, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act at the Busan District Court on February 14, 2015, which became final and conclusive on February 14, 2015, and was sentenced to a fine of five million won by the same court on July 25, 2013, and a fine of two hundred and five hundred thousand won by the same court on February 22, 2011.

On May 11, 2015, the Defendant had been punished for drunk driving twice or more as above, but around 22:30 on May 11, 2015, at around about 30 meters, without obtaining a driver’s license from a 30-meter section near the cafeteria for Soft-dong, Busan, the 3rd-dong, Busan, to the cafeteria, and driving C Cost Star Cors under the influence of alcohol concentration of 0.057% under the influence of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The ledger of use of a drinking-free measuring instrument, a report on detection of drinking-free drivers, an inquiry into the results of crackdown on drinking-driving, a report on circumstantial statements of drinking-free drivers, the ledger of driver's licenses

1. Records of previous judgments: Criminal records, etc., inquiry reports, investigation reports (Attachment of recent records of driving under influence), application of statutes on judgment;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Imprisonment with prison labor chosen;

1. In light of the fact that discretionary mitigation of punishment under Articles 53 and 55(1)3 of the Criminal Act is performed without being among the persons during the suspension period for the same kind of crime for which punishment is to be imposed and again, it is necessary to strictly punish the person due to extremely poor nature of the crime.

However, the fact that the blood alcohol concentration is not so high, the fact that the blood alcohol concentration is relatively short shall be considered in favorable circumstances, and the fact that the blood alcohol concentration is relatively short shall be determined in comprehensive consideration of the age, character and behavior, environment, etc. of the defendant.