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

Punishment of the crime

On October 1, 2008, the Defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspension of execution for the violation of the Road Traffic Act in the Gwangju District Court's net support on October 1, 2008. On November 3, 2010, the same court was sentenced to 3 years of suspension of execution for the violation of the Road Traffic Act (unlicensed Driving) and became final and conclusive on November 11, 2010. However, on July 27, 2012, the Defendant was sentenced to a fine of 5 million won for the violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch on July 27, 2012, and the sentence of the said suspension of execution was revoked on August 7, 2012, and the execution of the said sentence was terminated by the Net Prison Prison on March 6, 2013.

On May 4, 2013, the Defendant, without obtaining a driver’s license at around 23:10, driving a bpoter cargo vehicle at a section of approximately 500 meters from the front road of the Samsan Residents’ Center located in the Yan-si, 0.13% of the blood alcohol concentration, to the front side of the Yancheon University located in the same Dong from around the 0.13% under the influence of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Registers of driver's licenses and details of cancellation thereof;

1. A report on detection of a host driver;

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

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 (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;