A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On November 27, 2006, the Defendant was sentenced to a fine of KRW 3.5 million for a violation of the Road Traffic Act at the Seoul Central District Court on November 27, 2006; on December 28, 2007, to a suspended sentence of KRW 2 years for a violation of the Road Traffic Act; on January 2, 2009, at the Suwon District Court on January 2, 2009, to a fine of KRW 7 million for a violation of the Road Traffic Act; on January 8, 2014, the Defendant was sentenced to a suspended sentence of KRW 2 years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Suwon District Court on August 8, 2014, and the said judgment became final and conclusive on January 16, 2014.

On November 27, 2013, at around 23:45, the Defendant driven B car with the maximum alcohol content of 0.078%, without a driver’s license, around 27:00 meters around 100 meters near Yongsan-gu, Yongsan-gu, Seoul, Yongsan-gu, Seoul, with the influence of alcohol content of 0.078%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. The section of judgment: Inquiry reports, investigation reports (Attachment to judgments, etc.), application of statutes on decisions;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (a point of sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act, which provide for the choice of punishment for 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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The defendant, who had been punished several times due to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the fact that he/she does not drive under the influence of alcohol in the future as he/she repents off) and driving under the influence of alcohol without license. The crime of this case constitutes the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) stated in the first head of the judgment and the concurrent crimes under the latter part of Article 37 of the Criminal Act, but the defendant was not prosecuted after November 7, 2013.