A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On August 21, 2009, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Busan District Court. On October 21, 2010, the Defendant was sentenced to imprisonment with prison labor for a crime of injury resulting from remaining injury at the above court, and on October 29, 2010, the said suspended sentence was invalidated upon the final judgment, and the execution of the said suspended sentence was completed on May 7, 2012.

On August 3, 2006, the Defendant was sentenced to a summary order of KRW 2,500,000 as a fine for a violation of the Road Traffic Act at the Busan District Court on August 3, 2006, and on August 21, 2009, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act.

On December 14, 2012, at around 00:10, the Defendant, without a driver’s license, driven a C Poter in the section of approximately 2 kilometers from the lower-distance at the bottom of the city which is located at the lower-class of the Busan Seo-gu, Busan, to the 2-lane apartment model lower-class 2-dong apartment model lower-class 2-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry the results of the drinking driving control;

1. Registers of driver's licenses;

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to investigation reports (verification of the expiry date of punishment and attachment of judgment);

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. Article 35 of the Criminal Act among repeated crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., confession and reflect);