A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On September 6, 2006, the Defendant was sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Jeonju District Court on May 16, 201, and a fine of KRW 6 million due to a violation of the Road Traffic Act (driving) at the Jeonju District Court on May 16, 201. On December 23, 2010, the Defendant was sentenced to a one-year suspended sentence for a violation of the Game Industry Promotion Act at the Jeonju District Court on December 23, 201 and was sentenced to a two-year suspended sentence on December 31, 2010, which became final and conclusive.

【Criminal Facts】

On February 22, 2012, the Defendant, without obtaining a driver's license at around 16:00, driven B Poter cargo at the section of about 12 km from the vicinity of the new scarcity death ginseng at the front of the North Korean forest to the front of the same military road, under the influence of alcohol content of 0.161%, without obtaining a driver's license at around 16:0.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Inquiry into the register of driver's licenses;

1. Previous records: Inquiry of criminal records, inquiry of criminal records, report on the results of confirmation of their previous dispositions, judgment, application of Acts and subordinate statutes governing inquiry into cases;

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 ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following sentencing) lies in two times as a violation of the Road Traffic Act (driving) and one time as a violation of the Road Traffic Act (driving without a license). In particular, even though the defendant was sentenced to a fine on May 16, 201 when driving under the influence of alcohol during the period of probation and was sentenced to a fine on May 16, 201, he/she is highly likely to be subject to criticism in that he/she committed the instant crime during the period of probation, and that he/she has been punished for driving under the influence of alcohol more than twice.