A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On October 15, 2008, the Defendant was sentenced to a summary order of KRW 500,000 to a fine of KRW 500,000 as a crime of violation of the Road Traffic Act (driving) in the Cheongju District Court’s Incheon Branch on October 15, 2008; on July 1, 2010, the same court issued a summary order of KRW 2 million to the same crime; on December 20, 2013, the Defendant was sentenced to imprisonment of KRW 2 years and 3 years of suspension of execution for the same crime.

【Criminal Facts】

On February 4, 2015, the Defendant was under the influence of alcohol level of 0.108% on blood alcohol level around 07:43, and without a driver’s license, the Defendant driven Cinty Motor Vehicle at the section of approximately 1km from the front of the main apartment in the lower-dong in the city of Ycheon-si to the front of the comprehensive household distribution complex located in the same city of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the state of drinking drivers' state statement, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Inquiries into inquiry reports (criminal history), reports on results of confirmation of the previous disposition, judgments (the first and second instances), investigation reports (report on attachment of printed materials of a suspect A), application of summary decisions-making statutes;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than six months nor more than one year and six months;

2. The Defendant, who was sentenced to punishment, committed the instant crime while under the suspension of execution, even though he was convicted of a suspended sentence due to the crime such as drinking, driving without a license, etc., and the Defendant committed the instant crime at the time of the instant crime.