A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On July 17, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the Daegu District Court's Ansan Branch on the same day, and on April 4, 201, the same court was sentenced to a fine of three million won for the same crime, and on May 11, 2012, the same court was sentenced to a suspended sentence of two years for a period of imprisonment for a violation of the Road Traffic Act (driving). The judgment became final and conclusive on May 19, 2012.

【Criminal Facts】

On November 15, 2013, at around 23:18, the Defendant, without a driver’s license, driven the Cgroba boom vehicle while under the influence of approximately 300 meters in a section of approximately 0.184% of blood alcohol concentration from the 300 meters away from the Cgroba car parking lot located in Heungdong at the permanent residence without a driver’s license to the Gaba road located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of state of drivers, and the register of driver's licenses;

1. Before ruling: Application of each investigation report on criminal records, etc. and each investigation report (Attachment to judgment) Acts and subordinate statutes;

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 (C) of the Criminal Act for discretionary mitigation is that the Defendant committed the instant crime even though he had the record of the same kind of crime several times during the period of suspension of execution despite the fact that the Defendant has disposed of the vehicle for the same kind of crime in the past. In light of the fact that the blood alcohol concentration is considerably high and the blood alcohol concentration and the drinking driving may cause danger to other persons as well as the driver, even though considering the fact that the Defendant appears to reflect attitude, the fact that he disposes of the vehicle, and the fact that he disposes of the vehicle, and that the aged mother is working, it is difficult to exempt the Defendant from punishment.