A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On May 21, 2015, the Defendant was sentenced to a suspended sentence of two years in October due to a violation of the Road Traffic Act by the Chuncheon District Court on May 21, 2015. On the same day, the Defendant was sentenced to a summary order of five million won as a fine for a violation of the Road Traffic Act.

On June 27, 2015, the Defendant, while under the influence of alcohol of 0.078% of blood alcohol concentration at around 08:30%, driven a car of the Crane without obtaining a driver's license in the section of approximately 50 kilometers from the roads near the original city bus terminal located in the original city level of the city of nuclear power to the roads northwest of the Gangseo-gun, Hongcheon-gun, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the arrest of a person suspected of violating the Road Traffic Act (e.g., drinking or unlicensed driving);

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of the same kind of case);

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 Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following sentencing) lies in a criminal record of a criminal defendant who has been sentenced to a suspended sentence of ten months on May 21, 2015 due to the crime of violating the Road Traffic Act, which was sentenced to a suspended sentence of two years on October 10, 2015, and the judgment became final and conclusive at that time, but is still under the suspended sentence, and thus, the criminal sentence is to be imposed on the criminal defendant as he/she has been under the suspended sentence

Provided, That the punishment shall be determined in consideration of favorable circumstances, such as the fact that the blood alcohol concentration of the defendant is low, that the behavior and walking condition was normal, and that the defendant repented in depth of the crime.