A defendant shall be punished by imprisonment for six months.

Criminal facts

On December 14, 2013, the Defendant, without obtaining a driver’s license for a motor vehicle, driven a B-do motor vehicle under the influence of alcohol content of at least 0.054% in a section of about 200 meters from the franchisium adjacent to the franchisium located in Seongbuk-gu, Sungnam-gu, Sungnam-gu to the franchisium located in the same 22222.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Report of the circumstances of driving under the influence of alcohol and inquiry of the results of crackdown on drinking driving;

1. Application of the ledger of driver's licenses and the statutes concerning disqualified meetings of the main office;

1. Relevant provisions of Article 148-2 (2) 3, 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 and Article 43 of the Road Traffic Act;

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

1. On November 9, 2012, the Defendant was sentenced to a suspended sentence of two months for a violation of the Road Traffic Act (unlicensed Driving) at the Sungnam Branch of the Suwon District Court on the grounds of a suspended sentence of selective sentence of imprisonment, and the judgment became final and conclusive on the 17th of the same month.

Considering the fact that two times the same kind of crime, including this case, was committed, and that there was a significant delay in the trial proceedings by causing the unknown situation while being tried, the punishment of the defendant is justifiable to be imposed as punishment on the ground that the nature of the crime and the circumstances after the crime are not good. Thus, the punishment shall be determined as per Disposition.