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

Punishment of the crime

On May 15, 2007, the Defendant received a summary order of a fine of two million won or more for a violation of the Road Traffic Act at the Jeonju District Court on May 15, 2007, a summary order of a fine of 1.5 million won or more for a violation of the Road Traffic Act at the Jeonju District Court on May 23, 2007, and a fine of two million won or more for a violation of the Road Traffic Act at the Jeonju District Court on June 2, 2011, respectively, and on May 10, 201, a summary order of six months or more for a violation of the Road Traffic Act (driving) at the Jeonju District Court on May 10, 201, and the said judgment became final and conclusive on May 18, 2012, and is currently under the suspension period.

On July 23, 2013, at around 02:15, the Defendant driven C food cars with approximately 400 meters alcohol concentration 0.192% under the influence of alcohol without obtaining a driver’s license in the section of 400 meters in front of the Dong Young apartment located in the same city transport dong, from around the Gero-dong, the Gero-si, Masan-si.

Summary of Evidence

Application of Acts and subordinate statutes to the defendant's legal statement, report on the actual state of his/her driver, residents, driver's license inquiry materials, criminal history records, etc.

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

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of penalty: Imprisonment;

1. 작량감경 : 형법 제53조, 제55조 제1항 제3호 양형이유 ▷반성의 빛을 보이고는 있고, 선처 탄원 등 참작할 정상이 있으나, ▷거듭되는 형사처벌에도 불구하고 동종인 이 사건 범행을 저질렀으며, 당시 피고인의 혈중알코올농도가 0.192%로서 비교적 높고, 무면허운전까지 하였으므로 실형선고를 피할 수 없음.