A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

On June 14, 2012, the Defendant was sentenced to 10 months of imprisonment due to a violation of road traffic law (unlicensed driving) in the Incheon District Court's Busan District Court's Branch, and the execution of the above sentence was terminated on November 9, 2012. On May 6, 2015, the Defendant was sentenced to 6 months of imprisonment with prison labor and 1 year of suspended execution, and the judgment became final and conclusive on May 14, 2015.

On July 9, 2007, the Defendant was issued a summary order of KRW 2.5 million by the Incheon District Court due to a violation of the Road Traffic Act (drinking driving), and was sentenced to a fine of KRW 1.5 million by the Seoul Southern District Court on June 5, 2012.

On June 8, 2014, the Defendant, without obtaining a driver’s license, driven a driver’s license with B gallon in the section of approximately 500 meters from the section of approximately 500 meters in front of the 71-dong, Seocheon-gu, Seocheon-gu, Seocheon-gu, Nowon-gu, Seoul, with alcohol content of 0.069% while under the influence of alcohol during blood at around 22:43 on June 8, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the surrounding circumstances;

1. A driver's license inquiry;

1. Previous records: Application of the Acts and subordinate statutes concerning the acceptance of individuals as a result of inquiry;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The sentencing guidelines do not apply in relation to the crime of this case and the crime of violation of the Road Traffic Act (unlicensed driving) and the latter concurrent relation with the crime of violation of the Road Traffic Act (unlicensed driving) as stated in Article 53 and Article 55 (1) 3 of the Criminal Act for the reduction of small amount of punishment.

The alcohol concentration at the time of the instant crime is relatively high.

However, before committing the instant crime, the Defendant committed a violation of the Road Traffic Act (drinking driving) five times.