A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On March 30, 2007, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 1 million for a crime of violating the Road Traffic Act, on August 17, 2007 by the same court, and on January 14, 2015, upon receiving a summary order of KRW 3 million for the same crime from the same court, on December 22, 2015, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violating the Road Traffic Act in the Daegu District Court’s support on March 30, 207, and the above judgment became final and conclusive on December 30, 2015.

[2] On December 21, 2015, the Defendant 1 driven a C-do motor vehicle under the influence of alcohol concentration of about 0.059% without obtaining a driver’s license from about 2 km section from the front of the Sungdong apartment complex located in 265 at the cost of permanent residence around 00:3, Dec. 21, 2015 to the third day in front of the oil station located in 223 at the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification on the result of regulating drinking driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same type of force);

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds) are as follows: (a) the Defendant has the same record of punishment four times (three times of punishment, three times of suspended execution, and one time of suspended execution). Among them, three cases, including the instant case, such as drinking, are repeated within a short period; and (b) the instant crime is sentenced to the previous suspended execution.