A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On September 21, 201, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) in the extension of the Suwon District Act on September 21, 201, and the same court was sentenced to a fine of seven million won for a violation of the Road Traffic Act (driving) in the same court on November 15, 2012.

around 15:55 on October 17, 2014, the Defendant driven Cbee or a car under the influence of alcohol content of 0.131% without obtaining a driver’s license in the 7km section from before a coffee shop to the front road of the “water opening in the same Ri” located in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. Registers of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (former records and report attached to judgment);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and subparagraphs 1 and 43 of Article 152 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act (the punishment shall be imposed for a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2011Do1448, Apr. 1, 2011) is that the Defendant had been already sentenced to two times of suspension of the execution and two times of imprisonment due to drinking, driving without a license, and driving without a license. However, the Defendant has repeated drinking again from 201, and the instant drinking-free driving in this case is also considerably considerable, and it is difficult to correct the character and behavior only by a fine or a suspended execution.