A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

On April 5, 2012, the Defendant was sentenced to 10 months of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and 2 years of probation. On February 12, 2012, the same court was notified of a summary order of 5 million won for the violation of the Road Traffic Act. On April 18, 2011, the same court was notified of a summary order of 3 million won for the violation of the Road Traffic Act and was sentenced to a summary order of 3 million won for the violation of the Road Traffic Act.

On January 25, 2014, at around 09:29, the Defendant driven a vehicle with a blood alcohol concentration of at least 0.077% under the influence of alcohol without obtaining a driver’s license from approximately 5 km section from the road in the Goyang-gu Soyang-gu, Goyang-gu to the front road of the same Kunyang-dong 11-3 Yandong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and a driver's license inquiry;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (Attachment to previous records of sound driving and judgment, etc.);

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. 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 that the defendant has been punished twice due to drinking or non-licensed driving, and it is inevitable to sentence him/her again to commit the instant crime even though he/she is under the suspension of execution due to the criminal facts that include non-licensed driving.

Other conditions for sentencing, such as the age, character and conduct, family relationship, health, etc. of the accused, shall be determined in the same manner as the order.