A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On June 16, 2010, the Defendant was sentenced to a summary order of 5 million won or more due to a violation of the Road Traffic Act (driving) and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) at the Seoul Central District Court, and on July 27, 2012, the Defendant was sentenced to a suspended sentence of 6 months or more.

On March 2, 2013, the Defendant, without obtaining a driver’s license on March 2, 2013, driven a B car with approximately KRW 7 km on the road located in Sungnam-dong 255-1, Sungnam-gu, Sungnam-gu, Sungnam-dong, 2190, under the influence of alcohol by 0.107% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the results of the crackdown on drinking driving, the report on the situation of drinking driving, and the statement of the situation;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Criminal records, summary orders, 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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a 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 for discretionary mitigation is that the defendant is committed while committing the crime, and the defendant is committed not to drive a drinking free license again. However, the defendant has been sentenced once to a suspended sentence of imprisonment or a fine three times due to drinking or driving without a license, and the defendant has committed the crime of this case during the suspended sentence of imprisonment, as shown in the disposition, considering the fact that the defendant committed the crime of this case during the suspended sentence of imprisonment.