A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On November 28, 2008, the Defendant was sentenced to a summary order of 2.5 million won for a violation of the Road Traffic Act (driving) in the Changwon District Court’s Tongwon District Court’s branch on November 28, 2008; on November 13, 2009, the Defendant was sentenced to a summary order of 3 million won for a violation of the Road Traffic Act (driving). On September 21, 201, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act (Free Driver’s License).

On December 13, 2012, at around 20:40, the Defendant driven a c1 ton cargo vehicle under the influence of alcohol concentration of 0.131%, without obtaining a driver’s license in approximately 5km section from the front of the Jinju Police Station located in the Dongin Police Station in the same Si/Gu-Eup to the front road of the Dongjin-gu Public Security Center in the same Si-Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the detection of, and circumstances to, a host driver;

1. Registers of driver's licenses;

1. Report on the previous disposition and the result of confirmation; and

1. Application of Acts and subordinate statutes to investigation reports (report attached to the same type of judgment);

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 is that the Defendant was punished three times due to drunk driving, six times due to unlicensed driving, and that on September 21, 201, the Defendant was sentenced to a suspended sentence of three years due to a violation of the Road Traffic Act (unlicensed Driving) in the Changwon District Court’s branch branch on September 21, 201, and the said judgment was sentenced to a suspended sentence of three years due to the said violation on September 29, 201, and committed the instant crime during the suspended sentence period; the Defendant’s blood alcohol concentration at the time of the instant crime was relatively high; the legislators’ intent to revise the Road Traffic Act to punish a serious criminal punishment for drunk driving is unfavorable to the Defendant.