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

Punishment of the crime

On March 27, 2008, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violation of the Road Traffic Act (driving) at the credit branch of Suwon District Court on March 27, 2008; on August 28, 2009, the same court issued a summary order of KRW 1 million for the same crime; on February 7, 2013, the same court was sentenced to a probation order of KRW 1 million for the same crime; on February 15, 2013, the above judgment became final and conclusive on February 15, 2013.

피고인은 2013. 2. 18. 23:20경 자동차 운전면허를 받지 아니하고 경기 여주군 여주읍 천송리 소재 마을회관 앞 도로에서부터 같은 리 신륵로 35-41 앞 도로에 이르기까지 약 100m의 구간을 혈중알코올농도 0.139%의 술에 취한 상태에서 C 싼타페 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records and other inquiries, attachment of judgment, and application of Acts and subordinate statutes to report criminal investigations (verification of the fixed date of suspended sentence);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( various circumstances, such as the fact that the defendant is against his/her will and the sentence of the previous suspended execution judgment);