A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The Defendant was sentenced to eight months of imprisonment for a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch on August 22, 2007, and on June 19, 2013, the said judgment became final and conclusive on June 27, 2013 and is currently under suspension of execution.

On February 7, 2014, at around 18:15, the Defendant driven a B Mt Motor Vehicle under the influence of alcohol level of 0.173% without obtaining a driver’s license from the front side of the ground flick in the Kimcheon-si, Kimcheon-si to the front side of the 3km-si, instead of obtaining a driver’s license.

Accordingly, the defendant, who violated two times the prohibition of driving under the influence of alcohol, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (Attachment to judgments of the same kind of case) and other Acts and subordinate statutes;

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

1. The reason for sentencing the alternative sentence of imprisonment is that the defendant has been punished several times for the same kind of crime, in particular, there was a history of having been sentenced to the imprisonment in 2007, and even if he was sentenced to the probation in 2013, he also committed the instant crime during the period of probation, there is no special reason for taking into account drinking, driving without a license, and causing a traffic accident while driving a motor vehicle.

Provided, That the sentence shall be determined as per the order, taking into account the reflective body and the family members who have any inconvenience.