A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On July 10, 2008, the defendant was sentenced to a suspended sentence of 4 months for a crime of violation of the Road Traffic Act (non-licensed driving) at the District Court of Jung-gu on July 10, 2008, and was punished for a violation of the Road Traffic Act (non-licensed driving) and a violation of the Road Traffic Act (non-licensed driving).

On January 7, 2013, the Defendant, without obtaining a driver's license on January 19, 2013, driven a car with a alk-in driver's license owned by the Defendant’s wife B in the state of alcohol of about 0.241% of blood alcohol concentration from the street in front of the East Dobcheon-si Do, to the street in front of the 362 Sinsan Station located in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol not less than three times), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary 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 causes traffic accidents under high alcohol level, the fact that it was discovered that the number was reduced by means of leaving the place of suspension at the time of weighing alcohol, the defendant's previous convictions of drunk driving or unlicensed driving has reached ten times, and the defendant has already been sentenced to a suspended sentence for driving under the influence of alcohol in 2002 and driving without a license in 2008 but has already been sentenced to a suspended sentence for driving under the influence of alcohol in 202 and driving without a license in 208, it is inevitable to declare a sentence of imprisonment.

Provided, That the punishment shall be determined in consideration of the health conditions, such as the defendant reflects and receives hospitalized treatment due to alcohol liveration.