A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On January 29, 2007, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) at the Chungcheong District Court's Chungcheong District Court's Chungcheong on January 29, 2007. On July 6, 2009, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Cheongju District Court's Jeju District Court, and on July 3, 2013, the Defendant was sentenced to a suspended sentence of KRW 8 months for a violation of the Road Traffic Act (driving).

On July 16, 2013, the Defendant, without obtaining a driver’s license at around 01:42, driven a DNA driver’s vehicle over about 50 meters from the Do in front of the wind angle in the Donsan-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, Donsan-do, in a state of alcohol of 0.167% of alcohol level without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. The police statement concerning F;

1. Control note, report on detection of drivers and circumstantial statements, and the register of driver's licenses;

1. Previous convictions in judgment: Inquiry letters, each summary order, and application of 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. The crime of this case is deemed to be very heavy in its nature and crime, in light of the fact that the crime of this case is committed under the influence of alcohol without a license for two weeks, even though there is a history of criminal punishment for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, since it was sentenced to suspended sentence due to drinking driving, and that the crime of this case is committed under the influence of alcohol again.

However, the driving distance in this case is against mistake, and the driving distance in this case is considered as favorable circumstances.

Other factors such as the motive, means and result of the crime of this case, the circumstances after the crime, the age, character and conduct of the defendant, family relation, etc. shall be determined as per Disposition.