A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On January 4, 2008, the Defendant was issued a summary order of KRW 2.5 million due to a violation of the Road Traffic Act in the Gwangju District Court's net support on January 4, 2008, and on July 17, 2009, the Defendant was sentenced to a suspended sentence of two years for one year for the same crime, etc. in the same court, and on November 23, 2012, the Defendant was sentenced to a suspended sentence of ten months for the same crime, etc. at the Ulsan District Court, which became final and conclusive on March 29, 2013.

On September 16, 2013, the Defendant, at around 23:50, driven a car without obtaining a driving license under the influence of alcohol content of 0.098%, and without obtaining a driving license, 50 meters away from the adjacent coffee shop, at the entrance of the ship at a small time, to the same Dong, and driving the car.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, the report on the state of the drinking driver's standing, and the report on the state of his non-licenseed driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report attached to written judgments);

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;

1. Selection of imprisonment with prison labor chosen;

1. In light of the reasoning for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (a favorable circumstance among the reasons for sentencing below) that the defendant had a record of having been sentenced several times of punishment due to drinking or non-licensed driving, and that the defendant again committed the instant crime without being aware of it during the period of suspension of execution due to the same crime, a sentence of sentence on the defendant is inevitable.

However, the sentence of the suspended sentence imposed in 2012 becomes final and conclusive when the judgment on the sentence of the defendant is against the defendant, and the degree of taking the sentence at the time of detection, and other circumstances such as the defendant's age, character and conduct, family environment, motive for the crime, etc.