A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On July 14, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Busan District Court on July 14, 2008; on July 2, 2014, to a summary order of 1.5 million won for the same crime at the Changwon District Court on July 2, 2014; on January 16, 2015, the Defendant was sentenced to a suspended sentence of two years for imprisonment for the same crime on August 24, 201, and the said judgment became final and conclusive on the 24th of the same month.

On September 26, 2015, around 03:35, the Defendant driven a CBa car without a driver’s license in the state of alcohol alcohol content of approximately 3 km from the upper part of the road in front of the Gu, Seocheon-dong crematorium, Seoul, to the front side of the apartment of the Gu, Chungcheongnam-dong, Chungcheongnam-do, Seoul, with approximately 0.138% alcohol content during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver in charge of driving, report on the detection of a driver in charge of driving, ledger of use of a measuring instrument for drinking, and notification of the completion of correction;

1. Investigative into the ledger of driver's licenses and the main office;

1. Previous convictions: (A) inquiry into criminal records and application of Acts and subordinate statutes to criminal investigation reports (Attachment to Defendant's judgment);

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of imprisonment with prison labor chosen;

1. In light of the following, the Defendant again committed the instant crime despite the fact that he/she had been under the suspension of the execution of imprisonment for the same kind of crime for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following sentencing grounds), the instant crime was committed by driving under the influence of alcohol on the road as much as he/she was under the influence of alcohol on the road, and the Defendant did not peep into circumstances that may be considered in the process of driving under the influence of alcohol in this case.