A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal Power] On November 1, 2011, the Defendant was sentenced to a suspended sentence of two months for the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (licensed Driving) in the application of the Gwangju District Court on August 1, 2011, and the said judgment became final and conclusive on November 9, 2011. On May 4, 2010, the Defendant was sentenced to a fine of 2.5 million won or more for the violation of the Road Traffic Act in the application of the Gwangju District Court for the wooden District Court.

【Criminal Facts】

On November 09, 2013, at around 1:00, the Defendant driven B Poter under the influence of alcohol content 0.262% without obtaining a driver’s license in a section of about 300 meters from the front of the community hall located in Dongcheon-si to the front of the green-line located in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and notification of the results of the drinking driving control;

1. Registers of driver's licenses;

1. Criminal records, each judgment, and summary order;

1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned and organized manner in the judgment;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Sentence the same sentence as the order shall be sentenced in consideration of the fact that a person recommits a crime during the suspended execution period of imprisonment due to the same crime as the sentencing reasons under Articles 53 and 55(1)3 of the Criminal Act, the blood alcohol concentration level, criminal records, etc.;