A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On October 31, 2008, the Defendant issued a summary order of KRW 2 million at the Suwon District Court for a crime of violation of the Road Traffic Act, and on April 20, 201, the same court issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act. On June 18, 2014, the same court was sentenced to a suspended sentence of KRW 6 months for a crime of violation of the Road Traffic Act, which became final and conclusive on December 5, 2014.

【Criminal Facts】

On December 31, 2014, at around 23:12, the Defendant driven a Dsch Rexton car without a vehicle driver's license, from the Rsch Rexton transfer operation to the front way of the same city, from the R&C transfer operation in Suwon-si to the front way of the R&C in the same city, while under the influence of alcohol content 0.094% of blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to a report on investigation (former and attachment of the summary order), criminal records, and investigation reports (verification of the fixed date of relevant 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 the Commercial Concurrent Crimes;

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 has a record of serving five times the punishment due to drunk driving. Since the defendant was sentenced to a suspended sentence of imprisonment due to drunk driving and was again under the influence of alcohol or under the license without a license before the lapse of one month after the judgment became final and conclusive, the defendant shall be sentenced to imprisonment with prison labor.

However, the sentencing conditions such as the defendant's age, character and behavior, environment, etc. are considered. However, it is necessary to consider the fact that the defendant's crime is recognized, reflects, and does not repeat the crime, and that drinking has not been high.