A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal Power] The Defendant was sentenced to a summary order of KRW 2 million for a crime of violation of the Road Traffic Act in the Changwon District Court’s branch on November 28, 2008. On June 11, 2013, the same court was sentenced to a suspended sentence of two years for the same crime, and was sentenced to a suspended sentence of six months for the same crime. The above judgment became final and conclusive on June 19, 2013, and is currently under the suspended sentence.

【Criminal Facts】

On September 14, 2014, at around 22:05, the Defendant driven a B-E motor vehicle under the influence of alcohol content of 0.198% without obtaining a driver’s license from a section of approximately 500 meters from the front of reclaimed land located in the Rool-dong, 22:15 on the same day to the offline road located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking-driving and the circumstantial statement of the drinking-driving driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes, such as criminal history records, inquiry reports, investigation reports (former and verification), judgment, etc.;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a 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 two times the criminal history of the defendant being punished due to drunk driving. In particular, the defendant's strict sentence is inevitable in light of the fact that he/she was sentenced to the suspended sentence of imprisonment due to drunk driving and driving without a license and is again driving without a license even though he/she was under the suspended sentence, and that the amount of blood alcohol concentration is considerably high at 0.198%.

However, considering the fact that the defendant's mistake is divided, the suspension of execution can be revoked or invalidated, and other factors are considered.