A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On January 24, 2008, the Defendant was issued a summary order of KRW 3 million by the Jeju District Court due to a violation of the Road Traffic Act (driving) and a fine of KRW 4 million by the same court on February 27, 2009, respectively. On July 3, 2015, the Defendant was sentenced to a summary order of KRW 4 million by the same crime, etc. In the same court on July 3, 2015, the Defendant was sentenced to a suspended sentence of KRW 6 months by imprisonment with prison labor for the same crime, etc., and is currently under the suspension period of execution.

On September 25, 2015, at around 17:42, the Defendant driven B Poter II cargo vehicles under the influence of alcohol content 0.173% without obtaining a driver’s license, from approximately 10km section from the distance of the Tara University located in Seopo-si, Seopo-si to the recovery village sports park located in the same Si/Gun.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and notification of the result of the control of drinking driving;

1. Application of Acts and subordinate statutes such as the ledger of driver’s licenses;

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. Circumstances that are favorable to the determination of punishment as ordered in consideration of the following circumstances in sentencing under Articles 53 and 55(1)3 of the Criminal Act: The fact that the blood alcohol content at the time was high to 0.173%, the fact that there was a record of punishment several times due to a drunk driving or a unlicensed driving; in particular, on April 17, 2015, the sentence was sentenced to two years of suspension of the execution on April 25, 2015, and the judgment became final and conclusive on July 3, 2015, and each of the instant crimes was committed while the sentence was finalized on July 11, 2015, and each of the instant crimes was committed in the same manner as the instant case was sentenced to two years of suspension of the execution of imprisonment for six months on July 11, 2015: