A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On October 16, 2008, the Defendant was sentenced to a suspended sentence of four months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Changwon District Court on April 16, 2008. On February 10, 2012, the Defendant was sentenced to a suspended sentence of two years by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Changwon District Court.

【Criminal Facts】

On February 2, 2013, at around 23:55, the Defendant, without a driver’s license, driven a vehicle B with approximately KRW 300 meters from the Do in front of the bridge in the Changwon-si, Masan-si, and the front road of the Northern Elementary School located in the same Dong, while under the influence of alcohol by 0.101% of the blood alcohol concentration without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Registers of driver's licenses and details of cancellation thereof;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes on the same kind of drinking driving force;

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 is against each of the instant crimes, such as the Defendant’s confession, etc., however, the Defendant has the record of being punished twice as to driving under the influence of alcohol and driving without obtaining a license, twice as to driving under the influence of alcohol, twice as to driving under the influence of alcohol, and twice as to driving without obtaining a license, and even after having been sentenced to a suspended sentence due to driving under the influence of alcohol and driving without obtaining a license, it is inevitable to sentence a suspended sentence on the grounds that the Defendant again commits each of the instant crimes during the suspended period.