A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On January 21, 2009, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act in the Daegu District Court Kimcheon branch of the Daegu District Court, and on October 20, 201, in the Daegu District Court Kimcheon branch of the Daegu District Court, the Defendant was sentenced to imprisonment for 8 months and 2 years of suspended execution. The above judgment became final and conclusive on October 28, 201, and is currently under suspended execution.

【Criminal Facts】

On April 9, 2013, at around 04:15, the Defendant driven a B-learning car under the influence of alcohol concentration of 0.166% without obtaining a driver’s license on the front of the “Yan Motor Vehicle B-Wlus Hand store” located in the Yellow Sea in Gumi-si.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report on the status of running a motor vehicle under consideration, a report on the status of running a motor vehicle under consideration, and a report on the status of the driver under consideration;

1. Registers of driver's licenses, disqualified meetings of the main office, and details of revocation of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (former records, summary orders, etc.);

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

1. Selection of imprisonment with prison labor as a matter of choice (the fact that there is a history of punishment for driving under drinking or non-licensed driving on several occasions, the fact that the instant crime was committed even during the suspension of execution, such as the record of the criminal records in its holding, and that the blood alcohol concentration is very high);

1. It is so decided as per Disposition for the reason that discretionary mitigation is more than Article 53 and Article 55(1)3 (see, e.g., Supreme Court Decision) of the Criminal Act;