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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On May 17, 2007, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on May 17, 2007, a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on May 20, 2009, and a fine of KRW 7 million for a violation of the Road Traffic Act (driving) at the Seoul East East District Court on November 7, 2013.
As above, the Defendant, who violated Article 44(1) of the Road Traffic Act more than twice, driven Bro vehicle under the influence of alcohol content 0.102% without obtaining a driver’s license in a section of about 400 meters in front of the Young-ro High School at about 363 U.S. at the same time, around March 32:30, 2014.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of the control of drinking driving (Evidence No. 9 pages);
1. Certificates of license inquiry;
1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;
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. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation [Article 53 and Article 55 (1) 3 of the Criminal Act, including the fact that the defendant has no past record of punishment sentenced, that the defendant shows his/her attitude of pening his/her depth by recognizing his/her mistake, that he/she is responsible for care of his/her mother with a disability of cerebral illness and his/her father and son, and that there is a possibility that he/she may also return his/her sentence suspended