A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On July 5, 2010, the Defendant issued a summary order of a fine of two million won for a violation of the Road Traffic Act (driving) in the Chungcheong District Court of Chungcheongju on July 5, 2010; on May 29, 2013, in the same court on May 29, 2013, a summary order of a fine of two million won for the same crime; on June 21, 2013, the same court issued a summary order of 1.5 million won for a fine for a violation of the Road Traffic Act (driving without a license) respectively; on December 27, 2013, the Defendant was sentenced to imprisonment of eight months for a violation of the Road Traffic Act (driving without a license) and two years for a suspended sentence, which became final and conclusive by the same court on January 4, 2014.

Criminal facts

On February 5, 2014, at around 07:40, the Defendant driven a C-wing and freight vehicle without obtaining a driver’s license while under the influence of alcohol content of about 0.070% at a section of about 10km from the adjacent road of Samsung-gun, Chungcheongnam-gun, Samsung-gun, to the front road of the bamboo Tolol, which is in the process of monthly adjustment, from the point of 10km to the stroke.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, a report on the circumstances of drinking drivers, a report on the circumstances of drinking drivers and a report on the circumstances of driving without a license;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (verifications before the same criminal records and during the period of suspension of execution);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: The defendant committed the same crime not only seven times, but also another crime during the suspended execution period for the same kind of crime, and circumstances favorable to the risk of drinking and driving without a license: The defendant is aware of and against the crime;