A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On May 9, 2011, the Defendant was issued a summary order of 2.5 million won by a fine at the Busan District Court for a violation of the Road Traffic Act, and on April 9, 2013, the Defendant was sentenced to a suspended sentence of 2.5 million won by imprisonment with prison labor for a violation of the Road Traffic Act.

On November 23, 2013, at around 2013:30, the Defendant driven a DNA car in the state of drunk alcohol concentration of about 0.111% without a car driver's license from the hotel parking lot located in the middle-gu Busan Metropolitan City to the second side of Part II located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, fixed date records and written judgment;

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 is that the Defendant, at the Busan District Court on April 9, 2013, was sentenced to two years of suspended sentence for the crime of violation of the Road Traffic Act and violation of the Road Traffic Act (free license) at the Busan District Court on April 17, 2013, and the judgment became final and conclusive on April 17, 2013, again commits the instant crime even if he/she is still under suspended sentence, and the Defendant again committed the instant crime. The Defendant was discovered three times as a drunk or unlicensed driving from December 2, 2012 to July 2013 for a short period of seven months. The amount of drinking alcohol was significant, taking full account of various circumstances such as the motive, background, means and method of the instant crime, the circumstances before and after the instant crime, and the Defendant’s age, character, experience, environment, etc.