A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On November 10, 2010, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act in the Gwangju metropolitan District Court's support on November 10, 201, and was sentenced to a suspended sentence for six months by the same court on October 27, 201, and was sentenced to a suspended sentence for a violation of the Road Traffic Act for two years in the same court on November 4, 201 of the same year.

On August 10, 2012, at around 22:43, the Defendant, without a driver’s license, driven a vehicle of approximately 6km in the section of approximately 3 km C, from the parking lot of the Korea Communications Building located within the 409-2 nautical miles in the west-nam Navy, Namnam-gun, Namnam-do, to the front of the new railroad located in the same military pentcheon-do, while under the influence of alcohol content 0.23% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of inquiries into criminal records, etc. and a copy of each 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 (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 ordinary concurrent crimes (a punishment imposed on the crimes of violation of each Road Traffic Act and the crimes of violation of the Road Traffic Act of which punishment is heavier);

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 that the defendant has a history of being subject to criminal punishment five times due to drunk driving, and accordingly, he/she again drives under the influence of alcohol in the state ofless license even though he/she is currently under the period of probation. Thus, the defendant is inevitable to be sentenced to the sentence.

However, it is recognized that the defendant's mistake is recognized, that the defendant does not drive under the influence of alcohol in the future, and scrap his/her own vehicle, and the age, character and conduct, environment, and circumstances after the crime are committed.