A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[criminal power] On March 4, 2013, the Defendant was issued a summary order of KRW 2,00,000 for a violation of the Road Traffic Act (driving) in the support of the Daejeon District Court on June 12, 2015. On June 2, 2015, the Defendant was sentenced to a suspended sentence of KRW 2,00,000 for the same crime, etc., and was sentenced to a suspended sentence of ten months for the same crime, etc. on June 12, 2015. The judgment became final and conclusive on the 20th of the same month, and was in the period of suspended sentence, and the Defendant filed a request for a summary order of KRW 3,00,000 for the same crime

【Criminal Facts】

On August 5, 2015, at around 21:28, the Defendant driven CM5 vehicles without obtaining a driving license in the state of alcohol alcohol concentration of about 700 meters from the road front of the upper village cafeteria in the Western-gu, Seo-gu, Seocheon-si, Seocheon-gu to the front road.

Summary of Evidence

1. Defendant's legal statement;

1. Each entry of the report on the violation of the Road Traffic Act (driving without a license), the report on the control of drinking and driving, the inquiry into the results of the control of drinking and the report on the state of drinking drivers;

1. Entry of a copy of the register of breath measuring instruments and the register of driver's licenses;

1. Previous records of judgment: Application of each Act or subordinate statute, such as criminal records, inquiry reports, investigation reports, judgment, etc.;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;

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 for discretionary mitigation is that the Defendant was issued a summary order of KRW 2 million on March 4, 2013 for the same type of crime; on June 12, 2015, the Defendant was sentenced to a suspended sentence of KRW 3 million on October; and the Defendant was issued a summary order of KRW 3 million on August 19, 2015.