A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[criminal power] On March 20, 2013, the defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act (non-licenseless driving) in the Gunsan Branch of the Jeonju District Court on March 2013, and the judgment became final and conclusive on August 28, 2006, and in addition to the current grace period, a fine of 2 million won for a violation of the Road Traffic Act (non-licenseless driving) at the Sungwon District Court on August 23, 2006, at the Jeonju District Court on April 16, 2008, the fine of 70,000 won for a violation of the Road Traffic Act (non-licenseless Driving) at the Jeonju District Court on December 27, 2010, and the fine of 150,000 won for a violation of the Road Traffic Act (non-licenseless Driving) at the Sungnam District Court on July 4, 2012, each of the crimes of violation of the Road Traffic Act (Non-Korean District Court).

【Criminal Facts】

On February 14, 2013, at around 05:10, the Defendant driven a C Poter cargo vehicle under the influence of alcohol with a 0.107% alcohol concentration without obtaining a driver’s license from a section of approximately 400 meters from the front side of “salin water” in the Modern Sinsan-si to the long distance of “salin motor vehicles” in the same Dong.

Summary of Evidence

1. The defendant's legal statement, report on the state of his driving, and the register of driver's licenses;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, amounts of dispositions and results confirmation reports;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime, and subparagraphs 1, and 43 of Article 152 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. Handling concurrent crimes and mitigation thereof: the latter part of Article 37, Article 39(1) (Provided, That mitigation shall be made pursuant to the latter part of Article 39(1) of the Criminal Act and Article 55(1)3 of the Criminal Act);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., reflectiveness and the environment of the defendant);