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

Punishment of the crime

[criminal power] On September 1, 2008, the Defendant was issued a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act (driving) at the Gwangju District Court. On March 27, 2009, the Defendant was issued a summary order of 2 million won by the same court due to the same crime, etc. on September 20, 201, and on September 20, 2012, the Defendant was sentenced to a suspended sentence of 2 million won by imprisonment for the same crime, etc. at the same court. On June 11, 2013, the Defendant was sentenced to a suspended sentence of 10 months by imprisonment for the same crime.

【Criminal Facts】

On May 26, 2013, the Defendant, without obtaining a driver’s license at around 07:35, driven Systuna car at approximately 2 km from the parallel of “new wall house” in the Seo-gu, Seo-gu, Gwangju at around 0.159% of blood alcohol level to the same day, from around 07:41 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. The register of driver's licenses;

1. Previous records of judgment: Criminal records, etc., inquiry reports, and application of each of four copies of judgment;

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 as follows: (a) the Defendant was driving a motor vehicle in the state of blood alcohol concentration of 0.159% when the driver’s license was revoked; (b) the Defendant was punished twice by a fine for the same kind of crime as the instant crime and the crime of unlicensed driving; and (c) the Defendant was punished by a fine not only twice during the grace period but also during the suspended sentence of imprisonment, and (d) again repeated the instant crime while being tried for the same kind of crime at the time; and (b) the Defendant was driving while driving the motor vehicle.