A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On May 18, 2009, the Defendant violated the prohibition provisions of the Road Traffic Act (driving) by receiving a summary order of KRW 1.5 million from the Changwon District Court to a fine for a violation of the Road Traffic Act, and on August 9, 2012, receiving a summary order of KRW 5 million from the Busan District Court to a fine for the same crime on at least two occasions.

1. On May 5, 2014, the Defendant: (a) around 6:16, 2014, the Defendant driven a crewing car under the influence of alcohol with approximately 5km alcohol content 0.129% without obtaining a driver’s license from the frontway of the Defendant’s residence in Busan Jin-gu, Busan to the frontway of the Republic of Korea located in the same Si/Gu.

2. On July 26, 2014, the Defendant: (a) around 05:00 on July 26, 2014, the Defendant driven a Creck car without obtaining a driver’s license from the road front of the Gyeongnam-dong located in the Busan-dong, Busan-gu, to the road front of the Dok-dong, Busan-dong.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Police suspect interrogation protocol of the accused;

1. Making a report on the control of drinking driving;

1. A driver's license inquiry;

1. Previous convictions indicated in judgment: Criminal history records, probationary records, amounts of previous dispositions, reporting on results of confirmation, and application of Acts and subordinate statutes to investigation reports (Attachment to a summary order of the same kind of power);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime, and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Selection of imprisonment with prison labor chosen;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary work and taking into account circumstances under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that the accused has no criminal record of being punished in excess of the fine for the same kind of crime);