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

Punishment of the crime

[criminal record] On April 27, 2012, the Defendant was issued a summary order of KRW 5 million at the Gwangju District Court to a fine of KRW 5 million for a violation of the Road Traffic Act, and on September 17, 2012, a summary order of KRW 5 million was issued by the Gwangju District Court to a fine of KRW 1 million for a violation of the Road Traffic Act.

【Criminal Facts】

1. On December 29, 2012, the Defendant, while under the influence of alcohol at 0.128% of alcohol without obtaining a driver’s license on December 29, 2012, driven a freight vehicle C from the roads front of the Gwangju Mine-gu B apartment guard room to the road.

2. At around 03:07 on the same day, the Defendant driven E E E-cub-car at a section of about 100 meters from the roads of Gwangju Mine-gu B apartment Drillpung to the front of the entrance of D apartment at approximately 00 meters, while under the influence of alcohol by 0.128% without obtaining a driving license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver, and report on the circumstantial statement of each host driver;

1. Registers of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes to criminal records, investigation reports (report accompanied by a copy of the 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 (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act; and

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (each temporary violation of the Road Traffic Act and the violation of the Road Traffic Act);

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant drives a motor vehicle twice in the state of the state of the high blood alcohol concentration of 0.128% without obtaining a driver's license, and the defendant is punished five times by a fine, suspension of execution, one time by committing the crime of the same kind of crime, driving without a license.