A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[criminal power] On November 14, 201, the Defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act (driving) at the Gwangju District Court. On April 20, 2012, the Defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act (driving) at the Gwangju District Court. On November 6, 2012, the former District Court was sentenced to a fine of three million won due to a violation of the Road Traffic Act (driving). On November 6, 2012, the former District Court was sentenced to a suspended sentence of one year for four months as of November 14, 2012.

【Criminal Facts】

On June 23, 2013, the Defendant, without obtaining a driver’s license at around 01:45, driven a B low-est car at the 1km section from the 1km to the front road of the “Yeong-gun Young-gun, Young-gu, Young-gu, Young-gu, Young-gu” in the middle-gu, Youngnam-gun while under the influence of alcohol by 0.102% of the blood alcohol concentration.

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 records of judgment: Criminal records, etc. inquiry reports, investigation reports (report attached to a written judgment), and application of statutes governing 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 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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is as shown in the judgment below, and the defendant has been sentenced to a fine for a violation of the Road Traffic Act in consecutive years 201 and 2012 as well as committed the instant crime without being aware of the fact that he was sentenced to a suspension of execution for 4 months for the crime of violation of the Road Traffic Act (unlicensed Driving) in the Jeonju District Court's regular branch court on November 6, 2012, and committed the instant crime without being aware of the fact that he committed a large number of identical crimes in addition to the aforementioned previous crimes, the Defendant committed the instant crime.