A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On February 20, 2009, the Defendant was sentenced to a suspended sentence of two years for six months with prison labor for a violation of the Road Traffic Act in the Gwangju District Court's net support on February 20, 2009. On June 28, 2012, the Defendant was sentenced to a suspended sentence of two years for eight months with prison labor for the same crime in the same court on June 28, 2012, and the said judgment became final and conclusive on July 6,

Criminal facts

On October 14, 2012, at around 18:15, the Defendant driven a car with approximately 300 meters wide from the front of the fire-fighting studal parking lot located in the luxin Mayang-si, to the luxal bank front of the luxal lux in the luxe-si, the Defendant, without obtaining a driver’s license, at approximately 300 meters wide, while under the influence of alcohol concentration of 0.245%, while under the influence of alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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 has the same record of having been sentenced five times to punishment for the same crime, and the criminal defendant has committed a second offense without being aware of it during the period of suspension of execution, and the degree of the punishment is reasonable. Thus, the criminal defendant shall be sentenced to punishment.

However, the punishment as ordered shall be determined in consideration of all the circumstances shown in the case, such as the defendant's age, character and behavior, family environment, etc., which are against the defendant and relatively short distance of drinking.