A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On February 6, 2013, the Defendant was sentenced to a suspended sentence of 2 months for a violation of the Road Traffic Act in the Yeongdeungpo Branch of the Daegu District Court on February 6, 2013, and the judgment became final and conclusive on February 14, 2013. On February 18, 2008, the Defendant was issued a summary order of 5 million won for a violation of the Road Traffic Act in the Yeongdeungpo Branch of the Daegu District Court on February 18, 2010, and was sentenced to a suspended sentence of 2 years for a violation of Article 44 (1) of the Road Traffic Act on March 18, 2010.

On October 11, 2013, at around 18:00, the Defendant driven D Coin with 0% alcohol concentration 0.213% under the influence of alcohol without obtaining a driver’s license from the front parking lot of the Nutrition Center located in Seo-ri, Dan-ri, D Coin, while under the influence of alcohol, from around 300 meters to the front day of the same Don-ri restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. Each entry in the report on detection of drivers, the register of driver's licenses (A), and the register of car driving licenses;

1. Previous convictions: Application of Acts and subordinate statutes in which criminal records and investigation reports are stated (Attachment to the same kind of crimes);

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. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., favorable sentencing conditions among the reasons for sentencing) is as shown in the previous conviction in the judgment, and the defendant was sentenced to imprisonment for 8 months for the crime of violating the Road Traffic Act and for 2 years for suspended execution, even though he/she was under suspended execution, he/she also committed the instant crime.