A defendant shall be punished by imprisonment with prison labor for up to six months.

Criminal facts

[criminal power] On January 5, 2009, the Defendant issued a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act (driving) at the Incheon District Court on January 5, 2009; on August 10, 2009, a fine of KRW 2 million by a fine for a violation of the Road Traffic Act (driving) at the Jungyang Branch Branch of the Jung-gu District Court on August 10, 2009; on at least two occasions, the Defendant violated Article 44(1) of the Road Traffic Act; on June 19, 2014, the Defendant was sentenced to imprisonment for 10 months with labor for a violation of the Road Traffic Act (licensed Driving) at the Incheon District Court on June 27, 2014; and on June 27, 2014, the said judgment became final and conclusive on August 15, 2015, and was more than four times the same criminal power.

【Criminal Facts】

On August 15, 2015, at around 19:14, the Defendant, without a driver’s license, driven a CFD car from approximately 50 meters away from the road in the Goyang-gu Pungyang-gu Pakdong under the influence of alcohol level of 0.058%, to the lower end bus stops in the same Dong, without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal records, investigation report (including similar criminal records (including attached judgments, etc.), and private amnesty lottery 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The circumstances are favorable to the defendant, such as the following: (a) the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is penure and reflects his mistake; (b) the degree of blood alcohol level is not high; and (c) the distance of driving is not long; and (d) some circumstances that may be considered in light of the circumstances leading to the driving without a license for driving under the influence of alcohol are considered.

However, the defendant has been punished for drinking or driving without a license so far, and two times among them are suspended.