A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On June 1, 2007, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Daejeon District Court on June 1, 2007 and eight months of imprisonment with prison labor for the same crime in the same court on June 17, 2009 and completed the execution of the sentence on December 25, 2009.

On May 23, 2012, at around 21:25, the Defendant driven a C rocketing 2 car under the influence of alcohol content of 0.065% without obtaining a driver’s license from the 100-meter section from the Moc Center in front of the Hyundai Center in the Dong-dong, Daejeon to the 106nd road of the same Dong-dong.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Investigation report, and inquiry into the results of the control of drinking driving;

1. A driver's license inquiry;

1. Before judgment: Application of Acts and subordinate statutes on criminal records, references to criminal records, reports on the results of confirmation before and after dispositions, investigation reports (Attachment of judgment attached), number of individuals and current status of accommodation;

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. Article 35 of the Criminal Act among repeated crimes;

1. Article 53 and Article 55(1)3 of the Criminal Act (hereinafter referred to as the following sentencing guidelines are not set on the grounds for sentencing. Thus, the sentencing guidelines shall not apply.

The crime of this case is a case where the defendant drives a vehicle while under the influence of 0.065% alcohol concentration without obtaining a driver's license, and even though there were three times the past records of having been sentenced to punishment for the crime of drinking without obtaining a driver's license, the crime of this case is not proper in light of the fact that the defendant committed the crime of this case.

However, all of the crimes of this case are committed by the defendant.