A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On February 4, 2014, the Defendant was sentenced to a summary order of a fine of five million won for a violation of the Road Traffic Act (driving) in the Daegu District Court’s Ansan Branch on February 4, 2014, and on August 8, 2014, the Defendant was sentenced to six months of imprisonment and two years of suspended execution, and the judgment became final and conclusive on August 19, 2014.

【Criminal Facts】

On June 25, 2015, the Defendant was under the influence of alcohol by 0.136% without a driver’s license, and the Defendant was driving Bppppppon vehicle at the section of about 3km from the front day of the drinking alcohol station located in the Andong-dong at the same time to the front day of the gropian-dong road located in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The ledger of driver's licenses;

1. A report on the actual state of the driver;

1. Previous records: Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (attached records of the same kind of power);

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of without a license) and the choice of imprisonment with prison labor;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation commits the instant crime even though the Defendant was under suspension of execution due to the same kind of crime. In addition, the Defendant committed the instant crime, taking into account the following circumstances: (a) the degree of blood alcohol concentration is very unfavorable; (b) the Defendant’s confession and reflective circumstances; and (c) the Defendant’s age, character and conduct, environment, and circumstances that are favorable to him; and (d) other circumstances that are conditions for sentencing as shown in the pleadings and records