A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On December 6, 2007, the Defendant was issued a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act (driving) at the Busan District Court's branch court's Busan District Court's order on October 20, 2008, a fine of KRW 3 million by a violation of the Road Traffic Act (driving), etc. at the Busan District Court's Busan District Court's order on October 20, 2008, and on January 18, 2012, the Defendant was sentenced to six months by imprisonment for a violation of the Road Traffic Act (driving) and two years by a suspended sentence and violated Article 44 (1) of the Road Traffic Act at least twice.

On October 17, 2012, at around 22:43, the Defendant driven a vehicle of approximately 500 meters from the front side of the Seocho-gu Busan Metropolitan City to the front side of the Seocho-dong Military Hospital, Busan Metropolitan City, while under the influence of alcohol with 0.141% of the blood alcohol concentration without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes, such as criminal records;

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 alternative imprisonment with prison labor (to take into account the fact that the defendant has been punished four times a fine due to drinking or unlicensed driving, the fact that the defendant has been punished twice a suspended sentence of imprisonment, the volume of drinking, etc.);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2007Da1548, Apr. 2, 2007);