A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

On August 27, 2014, the Defendant was sentenced to a suspended sentence of two years at the Seoul Eastern District Court for a crime of violation of the Road Traffic Act, which became final and conclusive on September 4, 2014, and is currently under suspended sentence.

On July 19, 2015, around 23:10, the Defendant driven a motor vehicle with Crops without obtaining a driver’s license from the front of the Songpa-gu Seoul Metropolitan City Madung-dong Madung, to the front road of about 7 km-ro 20, Gangdong-gu, Seoul, with a blood alcohol concentration of about 0.127% from the 7km section.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. The driver's license ledger;

1. Previous records of judgment: Criminal records, etc., inquiry inquiry reports, judgment, and application of Acts and subordinate statutes concerning summary orders;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting a crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. We need to consider the following factors: (a) the Defendant’s reason for sentencing selective sentencing of imprisonment with prison labor is against the Defendant; and (b) the Defendant’s parents with good health are required to support the aged parents.

However, the defendant has been punished once a fine due to drinking driving, once a fine due to drinking and without a license, and three times a fine due to driving without a license, and in particular, even though he was under suspension of the execution due to drinking driving as before the judgment, he was under suspension of the execution due to drinking and driving without a license. It is so decided as per Disposition.