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

Punishment of the crime

On December 11, 2012, the Defendant was issued a summary order of KRW 4 million by a fine for a violation of the Road Traffic Act at the Gwangju District Court on December 11, 2012, and on December 18, 2013, the Defendant was sentenced to imprisonment with prison labor for one year and two years of suspended execution for the same crime in the same court on December 18, 2013, and is still under suspended execution.

On June 23, 2015, the Defendant, without obtaining a driver’s license at around 22:40 on June 23, 2015, driven CH car at a section of about 700 meters from the roads near the Gwangju Dong-gu Incheon Metropolitan City, to the roads front of the Nam-gu Busan Metropolitan City, Seoul Metropolitan City, with a blood alcohol level of 0.10%.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (abundance of judgment, etc.) and 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. 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 led to a traffic accident caused by a drunk driving, driving a vehicle while under the influence of alcohol without a driver's license, even though he/she was sentenced to the same punishment as the first head's previous conviction in the judgment of the case where a person dies, and driving the vehicle again under the influence of alcohol without a driver's license, because the defendant's blood alcohol concentration is not low.

However, there are favorable circumstances such as that the defendant should support the father who is in the line of duty and the mother who nurses the father who is in the line of duty, that the defendant again does not drive or drive without a license, and that there is no other punishment force except for the first head of the judgment in the defendant.