A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On August 6, 2010, the Defendant issued a summary order of 2.5 million won to a fine for a violation of the Road Traffic Act at the Suwon District Court on August 6, 201, and on September 17, 2014, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act by the same court on September 17, 2014 and was sentenced to a suspended sentence of 2 years for a violation of the Road Traffic Act on more than two occasions.

On January 9, 2015, while under the influence of alcohol with 0.083% of the blood alcohol concentration without a vehicle driver’s license, the Defendant driven a vehicle with CW at approximately 3km in the section of about 3km from the Suwon-si transfer-dong of Suwon-si to the east-si distance located in the right line line of Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous record: Application of a reply to criminal records, replys to investigation, and Acts and subordinate statutes (the same criminal records and confirmation);

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 of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. In light of the fact that the defendant committed the instant crime during the period of suspended execution due to the same kind of crime under Article 53 of the Criminal Act for discretionary mitigation, the sentence of imprisonment is inevitable when considering the fact that he/she committed the instant crime and the fact that he/she committed the same kind of crime (total five cases, and one case before suspended execution).

The term of imprisonment with labor, along with the above circumstances, shall be set by six months, which are the lowest limit after reducing the statutory punishment, in consideration of various circumstances that constitute sentencing conditions, such as the fact that the defendant reflects the depth of the defendant, the fact that the blood alcohol alcohol is low, the driving distance is not long, the role of the defendant is needed in the construction being in progress at various places, the health of the defendant is not good (such as heart disease, urology, etc.).