A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On October 24, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the credit branch of Suwon District Court on October 24, 2008, and on January 23, 2009, the same court issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act in the same court on January 23, 2009, respectively. On September 6, 2012, the same court was sentenced to a suspended sentence of two years for imprisonment for a crime of violation of the Road Traffic Act on September 14, 2012 and became final and conclusive on September 14, 2012.

On October 29, 2012, the Defendant, without obtaining a driver’s license on October 29, 2012, driven CK7 car at a section of about 100 meters from the 100-meter radius to the Modro of Modro capital in the Chang-dong in Echeon-si, 0.110% alcohol level without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and the status of each drinking driver;

1. Registers of driver's licenses;

1. Previous convictions: Application of criminal records and investigation reports (Attachment of summary order, attachment of a copy of the summary order, suspension of execution of suspects, and judgment) 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. Articles 40 and 50 of the Criminal Act (the punishment shall be imposed for a violation of the Road Traffic Act with heavier punishment);

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 (see, e.g., the level of drinking alcohol and the distance of drinking alcohol) is that the defendant had a record of drinking alcohol or driving without a license, and even though he/she was sentenced to a suspended sentence due to drinking driving in 2012, he/she committed the instant crime even though he/she was under the suspended sentence, and it is considered that the defendant requires a serious warning of a short-term sentence.