A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On January 10, 2007, the Defendant was sentenced to a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Gangnam Branch Branch of the Chuncheon District Court, and on May 22, 2008, by the same court, to a summary order of 1.5 million won by a fine for a violation of the same Act, and on December 18, 2008, the Defendant was sentenced to a suspended sentence of 6 months by imprisonment for a violation of the same Act at the same court.

On July 21, 2009, around 22:45, the Defendant driven a C-wheeled automobile under the influence of alcohol content of about 0.132% without obtaining a driver’s license in the section of approximately 5km from the front floor of the house in front of the flusium 617-3 in the same glusium to the same glusium.

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle without a license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Report on the statement of the status of a drinking driver, and report on detection of a drinking driver;

1. The register of driver's licenses and the current status of disqualified persons;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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 the ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act, and a punishment imposed on a violation of the Road Traffic Act with 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 (the reason for sentencing below) is specified as the order, taking into account all the following circumstances as to the reason for sentencing. The favorable circumstances are recognized and reflected: the fact of crime; the engine displacement of a two-wheeled vehicle operated by a defendant is reasonable; however, the danger is relatively less than the danger when compared with a passenger car.