A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On August 14, 2012, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violation of the Road Traffic Act in the Daegu District Court. On May 31, 2013, the Defendant was sentenced to a suspended sentence of six months by imprisonment for a crime of violation of the Road Traffic Act at the Daegu District Court on May 31, 2013. On August 22, 2013, the Defendant was sentenced to a suspended sentence of four months by imprisonment for a crime of violation of the Road Traffic Act (non-licensed driving) at the Daegu District Court on August 22, 2013, and was sentenced to a suspended sentence of five times in total.

On July 15, 2014, at around 16:50, the Defendant driven a Calp vehicle in the state of alcohol alcohol concentration of about 3 km without a driver’s license on a road with approximately 0.158% of alcohol content at a distance of about 3 km away from the Dong-gu, Daegu-gu, Daegu-gu to the front day of the high fluorial dong located in the same city of hydro-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. The ledger of cancellation of driver's license;

1. Previous records of judgment: Criminal records, reply reports, and application of two copies of judgment Acts and subordinate 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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation was five times due to drunk driving, four times due to unlicensed driving, and even though the defendant is currently under the period of probation due to drinking or non-licensed driving, he/she again commits the instant crime. Thus, it is inevitable to sentence the defendant, who does not seem to have been able to engage in the instant crime.

However, it is necessary to consider all the conditions of sentencing, such as the defendant's age, character and behavior, environment, and circumstances after the crime.