A defendant shall be punished by imprisonment for six months.

Punishment of the crime

1. The Defendant of criminal records was issued a summary order of a fine of four million won at the Daegu District Court on June 16, 201 to a fine for a violation of the Road Traffic Act, and on June 1, 2012, the Defendant was sentenced to a suspended sentence of two years for a one-year imprisonment with labor for a violation of the Road Traffic Act at the Daegu District Court on June 1, 201 and the said judgment became final and conclusive on June 9, 2012.

2. On December 12, 2012, the Defendant driven a Cgallon-based car under the influence of alcohol content 0.159%, without obtaining a driver’s license, from the front side of the potter’s house restaurant located in Ycheon-si, Busan Metropolitan City to the indoor gym front road located in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement in the circumstances of an employee;

1. A report on detection of a host driver;

1. A correction certificate;

1. Previous records: Application of inquiries, such as criminal records, investigation reports (applicable to the same type of power judgment and summary order);

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation is that the Defendant had a total of nine times of punishment due to drinking or unlicensed driving, and that the Defendant again committed the instant crime within a short period of time despite the fact that he/she had a record of being sentenced to a total of nine times of punishment due to the suspension of execution.

However, the sentence shall be determined as ordered in consideration of the fact that the defendant is against the defendant, the sentence where the previous suspended sentence is revoked, and all other normal data shown in the process of the public trial.