A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On January 15, 2010, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Gwangju District Court, and on November 7, 2013, the Defendant was sentenced to a suspended sentence of KRW 2 million for six months for the same crime in the same court on November 15, 2013, and the said judgment became final and conclusive on November 15, 2013 and is still under the suspended sentence.

【Criminal Facts】

On July 6, 2015, the Defendant, without obtaining a driver’s license at around 0.21:55, driven a Cmast car at the section of approximately 150 meters from the 150-meter radius to the lux 2nd apartment underground parking lot in the same Eup/Myeon, in the state of alcohol with a blood alcohol concentration of 0.218%.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation into the results of the control of drinking driving, the circumstantial report on drinking drivers, and the register of driver's licenses;

1. Previous records: Criminal records and application of statutes governing 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 sentence of a sentence is inevitable in light of the fact that the instant crime was committed without being aware of the fact that the instant crime was committed without being under the suspension period due to the crime of violating the Road Traffic Act, and that the blood alcohol concentration is very high, etc., of the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act.

The punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, circumstances after the crime, and circumstances after the crime.