A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On December 28, 2007, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act, etc. at the Incheon District Court’s Busan Branch Branch Branch on December 28, 2007, and on October 14, 2010, the Defendant was sentenced to six months of imprisonment for the same crime, etc. at the same court, and completed the execution of the sentence on February 24, 201.

On September 26, 2011, around 01:06, the Defendant driven a Cro-type car with approximately KRW 1km from the roads near Gangseo-gu, Gangseo-gu, Seoul to the roads 539-dong, Gangseo-gu, Seoul Metropolitan City, without a driver's license, while under the influence of alcohol concentration of 0.191%.

Summary of Evidence

1. Defendant's legal statement;

1. A certificate of drinking control;

1. Notification of the control of drinking driving;

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

1. Registers of driver's licenses;

1. Previous convictions indicated in a judgment: Criminal history records, etc. inquiry reports, pre-dispositions and confirmations, judgment, investigation reports (verification of the expiration date of the defendant's sentence, previous and summary orders, etc.), and application of Acts and subordinate statutes on the personal identification status;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., that the defendant is against the defendant, and the distance of driving under the influence of alcohol is shorter) is not only the defendant committed the instant crime but also committed the instant crime without reflecting the past record of having been sentenced four times due to the same crime, and also committed the instant crime during the period of a repeated crime, which is not less than six months after having been sentenced to imprisonment for the same crime and not less than seven months, and the defendant again committed the instant crime during the period of a repeated crime, which is only seven months after the completion of the enforcement of the sentence. In addition, the defendant refused the drinking control at the time of the instant crime and was arrested while