A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On July 28, 2008, the Defendant was sentenced to a summary order of two million won by fine for a violation of the Road Traffic Act at the Seoul Northern District Court on July 28, 2008, a summary order of one million won by a fine for a violation of the Road Traffic Act at the Seoul Eastern District Court on November 28, 2008, and a summary order of seven million won by a fine at the Suwon District Court on January 22, 2009 for a violation of the Road Traffic Act (unlicensed Driving). On July 2, 2009, the Defendant was sentenced to a suspended sentence of one year by imprisonment for a violation of the Road Traffic Act at the Seoul Eastern District Court on April.

On February 16, 2013, at around 02:00, the Defendant driven BM5 car under the influence of alcohol content of 0.216% without obtaining a driver's license in a section of about 50 meters from the 622-6th day of Gangdong-gu Seoul, Gangdong-gu, Seoul, to the 609 front day of the same 609 front day, and stopped by collision with Indian utility poles.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Criminal records as judged: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1, 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act that choose the penalty for the crime;

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 Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is five times a fine due to unlicensed driving, drunk driving, etc., and each of the instant crimes was committed again despite the fact that the Defendant had been punished once a suspended sentence, the Defendant drives a vehicle with no liability insurance even under the circumstance that the Defendant was driving the vehicle to the extent that he was unable to hold his body, on the other hand, the Defendant’s mistake is against the Defendant, and other factors of sentencing, such as the Defendant’s age, occupation, family relation, etc., shall be determined as per the Disposition.