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

Punishment of the crime

On June 2, 2008, the Defendant issued a summary order of two million won by a fine for a violation of the Road Traffic Act at the Busan District Court on July 25, 201, a fine of 2.5 million won by a crime of violation of the Road Traffic Act at the Changwon District Court on July 25, 201, and on August 2, 201, a person who violated Article 44(1) of the Road Traffic Act at the Changwon District Court on August 10, 201, by having been sentenced to two years of suspension of execution for a crime of violation of the Road Traffic Act at the Changwon District Court on June 2, 201.

On February 12, 2013, at around 00:30 on February 12, 2013, the Defendant driven a B liquid-ho vehicle under the influence of alcohol with approximately 2 km alcohol concentration of 0.10%, without a driver’s license, from 00:30 to 12.6 km at the 12.6 km-do highway from the Gyeong-dong of Gangseo-gu, Busan Metropolitan City to the Yannam-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to investigation reports (a summary order and attachment of judgment, etc. on the same kind of power);

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation include three times a fine due to drunk driving, and one time a suspended sentence was imposed on August 2, 2012, and the Defendant again committed the instant crime during the suspended sentence even after being sentenced to the suspended sentence on August 2, 2012. The instant crime was committed while the Defendant was driving on an expressway in order to leave the expressway as a house under the influence of alcohol and caused serious danger, such as the occurrence of the second accident, and the occurrence of the second accident, and all of the sentencing factors indicated in the instant records, such as the Defendant’s age, occupation, and family relation.