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

Punishment of the crime

On February 4, 2013, the Defendant was sentenced to a summary order of 6 million won due to a violation of the Road Traffic Act (driving) in the Gyeyang Branch of Suwon District Court on February 4, 2013. On May 30, 2013, the same court was sentenced to a suspended sentence of 6 months due to a violation of the Road Traffic Act (driving) and the judgment became final and conclusive on June 7, 2013. On December 18, 2014, the same court was sentenced to imprisonment of 6 months due to a violation of the Road Traffic Act (driving).

On November 9, 2014, the Defendant, while under the influence of alcohol with 0.059% of blood alcohol concentration around 23:01, without obtaining a driver’s license, and operated a B tea from the section of approximately 1km to the Kaxx, which is located in the Sinpo-si, Hodong-dong, Hodong-dong, Hodong-dong, and Sinpo-si, Sinpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under influence of alcohol, inquiry into the results of driving under influence of alcohol, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of judgment and summary order);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Handling concurrent crimes and statutory mitigation thereof: the latter part of Article 37, Articles 39 (1) and 55 (1) 3 of the Criminal Act;

1. The sentence of sentence is inevitable in light of the fact that the Defendant repeatedly commits an unlicensed driving during the period of suspension of execution despite the fact that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act was able to have been punished four times due to drunk driving, etc. from 2011.

Provided, That the punishment as ordered shall be determined in consideration of the overall circumstances, such as the fact that the judgment could have been tried together with the crime for which the judgment became final and the fact that the mother was supported.