A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On January 8, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) by the Incheon District Court. On June 27, 2007, the Defendant was sentenced to a fine of 2.5 million won for the same crime from the Busan District Court Branch Branch Branch of the Incheon District Court. On January 18, 2012, the Defendant was sentenced to a fine of 5 million won for the same crime.

In addition, on September 19, 2012, the Defendant was sentenced to six months of imprisonment with prison labor at the Incheon District Court for the same crime and was sentenced to two years of suspended execution on September 27, 2012, and is still under suspended execution.

On October 31, 2013, at around 23:50, the Defendant: (a) planned a vehicle in a drunken state with a blood alcohol concentration of at least 0.073% without obtaining a driver’s license from a section of about 49 km-dong, Nam-gu, Incheon to the 624-95 Gyeongnam-dong, Nam-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of his driver, written consent to blood collection, requests for appraisal of blood alcohol concentration, and requests for appraisal;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. The application of inquiry report (criminal records), report on the results of confirmation before disposition and report on the results thereof, and the application of Acts and subordinate statutes to investigation reports (former and confirm);

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for commercial concurrent crimes (a punishment imposed on a violation of the Road Traffic Act with more severe punishment);

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Determination of sentence: Imprisonment with prison labor for not less than six months [limited circumstances] the reflectivity of the defendant, the social relation clear [limited circumstances] the majority of driving skills, the same kind of crime during the period of suspension of execution;