A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On May 18, 2009, the Defendant was issued a summary order of a fine of two million won for a crime of violation of the Road Traffic Act at the Jeonju District Court. On January 26, 2011, the Defendant was sentenced to a suspended sentence of two years for imprisonment with labor for the same crime, etc. in the Jeonju District Court’s Military Mountain Branch, and the said judgment becomes final and conclusive on February 8, 2011, and is still under the suspended sentence.

On June 25, 2012, the Defendant was under the influence of alcohol with 0.194% of blood alcohol concentration without a driver’s license. On June 25, 2012, the Defendant driven a Ccoon car, which was not covered by the mandatory insurance of automobiles from the parking lot of the “Uiwon University” hospital located in the Yasan-si credit dong to the on-road street located in the same city-based city.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (a copy of a written judgment attached);

1. Article 152 subparag. 1, Article 43 of the Road Traffic Act, Article 148-2(1)1, and Article 44(1) of the Road Traffic Act (the point of sound driving) concerning criminal facts, Article 46(2) and the main sentence of Article 46(8) of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 11369, Feb. 22, 2012);

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of imprisonment with labor for a violation of the Road Traffic Act or the Guarantee of Automobile Accident Compensation Act;

4. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act.

5. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has a record of being subject to punishment several times for drunk driving. In particular, the defendant committed a violation of the Road Traffic Act of the same kind in the same case (driving) even though he was sentenced to a suspended sentence due to drunk driving, even though he was currently under the suspended sentence. In view of such defendant's past record, he/she taken into account drinking alcohol.