A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On December 28, 2010, the Defendant was sentenced to four months of imprisonment with prison labor for a violation of the Road Traffic Act (driving), etc. at the wooden Branch of Gwangju District Court on December 28, 201, and on August 16, 2011, the same court was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) and on September 30, 2014, at the Gwangju District Court sentenced the suspension of the execution of two years of imprisonment with prison labor for a violation of the Road Traffic Act (driving) and for a violation of the Road Traffic Act (Free Driver) and became final and conclusive on October 8, 2014.

On October 7, 2014, at around 19:56, the Defendant driven Mabba while under the influence of alcohol 0.146%, without obtaining a driver’s license, from around 1.5km section from the Defendant’s house located in Chungcheongnam-gun, Chungcheongnam-do to about 422-17 of the same Mabari.

As a result, the defendant has violated the Article 44 (1) of the Road Traffic Act more than twice and has driven a motorcycle without obtaining a motorcycle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the results of the drinking driving control;

1. Registers of driver's licenses;

1. A inquiry report, such as criminal records;

1. An investigation report (a report on confirmation of criminal records of the same kind of suspect), - The summary of the case agreement auxiliary meetings, - Application of two copies of the 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 2 of Article 154 and Article 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 latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter the reason for sentencing) is that the Defendant was subject to criminal punishment once since 2001 on six occasions due to drinking and driving without a license, refusing to measure alcohol, and driving without a license, once and nine times due to non-licensed driving, and nine times due to such detection. The Defendant was sentenced two times to imprisonment.

The defendant is a repeated offender of 2011.