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

Punishment of the crime

[criminal power] On December 26, 2006, the Defendant was sentenced to 10 months of imprisonment and 2 years of suspension of execution for a violation of the Road Traffic Act, etc. at the Ulsan District Court’s Busan District Court’s branch on July 17, 2009, sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving). On January 8, 2014, the Defendant was sentenced to a fine of 7 million won for a violation of the Road Traffic Act (driving) at the Busan District Court’s Busan District Court’s Busan District Court.

【Criminal Facts】

On December 29, 2013, at around 01:15, the Defendant driven a B-man car under the influence of alcohol content of 0.189% without obtaining a driver’s license from the front road of the Yando-dong Yando-dong, Busan, to the front road of the Yando-dong, Busan, and without obtaining a driver’s license from around 500 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of a driver, a report on the status of a driver, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on the results of confirmation before and after disposition, and confirmation of the same kind of power);

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is against the defendant. However, the defendant was sentenced to a fine of KRW 2.5 million due to a drunk driving on December 26, 2006, after he was sentenced to imprisonment with prison labor on December 26, 2006 and a suspended sentence of two years on May 4, 2009, and the defendant was sentenced to a fine of KRW 2.5 million due to a drunk driving on October 29, 2013, and thereafter, the defendant was under the control of a drunk driving again on October 29, 2013. In light of the fact that the defendant was again driving without the pertinent drinking license on December 29, 2013, a sentence as ordered against the defendant is imposed.

It is so decided as per Disposition for the above reasons.