A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On May 13, 2010, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment for a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court. On August 17, 2012, the Defendant was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act (driving) in the same court.

At around 18:10 on June 1, 2013, the Defendant, without obtaining a driver’s license, driven a vehicle C in the state of under the influence of alcohol with a blood alcohol concentration of about 0.203% from the 3km section of approximately 3km from the Geum-si-si to the intersection in the same intersection-dong.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. On-site photographs;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to defendants' legal statements, criminal records and investigation reports (attached to a summary order);

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. 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 Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following sentencing grounds) is almost every year since 2005, and the defendant was found to have been punished by drunk driving or unlicensed driving. Accordingly, the defendant again committed the same kind of re-offending even during the period of probation after being subject to the recent disposition of suspended execution. At the time of detection, the defendant was a significant amount of blood alcohol concentration in blood alcohol and had been a locked person in the above vehicle on the road, and thus, the risk of occurrence of the accident occurred.