A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act at the Seoul Central District Court on July 25, 2007. The defendant was sentenced to a fine of 2 million won for a violation of the Road Traffic Act on May 19, 2008. The court was sentenced to a fine of 2 million won for a violation of the Road Traffic Act on February 16, 2009. The defendant was sentenced to a fine of 2 million won for a violation of the Road Traffic Act at the Suwon District Court on February 16, 2009. On January 15, 2010, the defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act at the Jung-gu District Court on November 26, 2013, and was sentenced to a suspended sentence of 2 years for a violation of the Road Traffic Act on August 26, 2013.

피고인은 2014. 11. 15. 20:30경 경기 양평군 양평읍 시민로44 동부사우나 앞 도로부터 경기 양평군 양평읍 오빈리 동민샷시 앞 도로까지 약 4km 구간에서 자동차운전면허를 받지 아니하고 혈중알콜농도 0.073%의 술에 취한 상태로 C 봉고프런티어 1톤 화물차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a report on the status of the host driver;

1. Registers of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (the attachment of criminal records and investigation reports);

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Although the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation is favorable to the fact that the defendant was committed with respect to and against his own crime, the defendant was sentenced to a fine and the execution of the fine has been suspended several times for the same crime.