A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[2015 Highest 41] On January 31, 2015, the Defendant driven a B rocketing car without a driver’s license from around 2 km to the front road of the same military sports site in the front of the common sports site in Gohap-gun, Chungcheongnam-gun, Chungcheongnam-gun.

[2015 Height 60] On August 31, 2006, the Defendant was issued a summary order of KRW 1 million due to a violation of the Road Traffic Act (drinking driving) with the support of the Chungcheong District Court, and on March 3, 2011, the Defendant was issued a summary order of KRW 2 million due to a violation of the Road Traffic Act (drinking driving).

Although the Defendant had been punished on more than two occasions due to a violation of the Road Traffic Act (drinking) as seen above, the Defendant driven B rocketing car under the influence of alcohol content of about 0.058% without a driver’s license from the first 1k section of the 1km-dong, Chungcheongnam-si, Yangyang-si, Yangyang-si, Seoul, to the front road of the vehicle, from September 1, 2012 to the front road of the vehicle.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. A ledger of driver's licenses and an inquiry letter of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (formers and reports attached to such judgments) and statutes;

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act (non-licensed driving) concerning the facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking) of the same Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in a crime of violating the Road Traffic Act and a crime of violating the Road Traffic Act on September 1, 2012, or a crime of violating the Road Traffic Act which has heavier punishment on September 1, 2012);

1. Each decision of imprisonment with prison labor (the fact that the defendant has been punished for the same criminal records for several times (three times of drinking, one time of drinking or non-licensed driving, and four times of non-licensed driving), and the fact that the defendant committed each of the crimes of this case by using the same vehicle, etc.) shall be taken into consideration);