A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On April 26, 2012, the Defendant was sentenced to a suspended sentence of two years on May 4, 2012 by imprisonment with prison labor for a violation of the Road Traffic Act in the Gwangju District Court's Maritime Branch on April 26, 2012, and the judgment became final and conclusive on May 4, 2012, and is currently under suspended sentence, and on May 16, 2008, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Gwangju District Court's Maritime Branch on May 16, 2008.

On April 16, 2013, at around 14:10, the Defendant driven a C truck under the influence of alcohol with a blood alcohol level of about 0.063%, without obtaining a driver’s license, from the front of a cafeteria in the vicinity of the trade name in the ancient city in the Donnam-gu, Namnam-gu, Chungcheongnamnam-do to the front day of the same Masan in the same military.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. The register of driver's licenses (A).

1. Previous records of judgment: Application of criminal records, reply reports, investigation reports (Attachment of the same type of crime records) and 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. 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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation include: (a) the fact that the Defendant has a depth of and reflects the Defendant’s wrongness; (b) the Defendant has the wife and children to support; and (c) the surrounding persons, including his/her family members, wanting to take a preference; and (d) there are conditions for sentencing favorable to the Defendant.

However, the defendant not only has been subject to punishment several times due to drinking driving, but also has been subjected to suspended sentence on April 26, 2012 due to the crime of drinking driving.