A defendant shall be punished by imprisonment for six months.

Punishment of the crime

In the Hongsung branch of the Daejeon District Court on April 1, 2008, the Defendant was sentenced to a suspended sentence of two years for the crimes of violation of the Road Traffic Act, etc. on October 4, 2012. On May 4, 2012, the same court was sentenced to a fine of 3.5 million won for the same crimes. On August 27, 2014, the same court was sentenced to a suspended sentence of two years for the crimes of obstruction of performance of official duties and was sentenced to a suspended sentence of eight months for the same crimes of obstruction of performance of official duties, and the judgment was confirmed on September 4, 201

On February 9, 2015, at around 20:40, the Defendant driven C Poter Cargo at about 0.109% of alcohol alcohol level without obtaining a driver’s license in the section of about 10km from the road in front of the new village distance in the same Yacheon-si, Songsung-gun to the new village street in the same Yacheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driver and the report on detection of the driver;

1. A driver's license inquiry;

1. Previous records: Criminal records and application of statutes governing 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. 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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14488, Apr. 2, 2009) was that the Defendant had been punished for the same kind of crime through several times, and even during the suspension of execution, the Defendant had already been punished for the crime of this case.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant's age, character and conduct, environment, motive and background of the crime, circumstances after the crime, etc. and all of the sentencing conditions shown in the records and arguments of the case.