A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On May 23, 201, the Defendant was sentenced to a fine of 1.5 million won for a crime of violation of the Road Traffic Act in the Goyang Branch of the Jung-gu District Court on May 23, 201, and was sentenced to a fine of 2 million won for the same crime in the same court on June 18, 2013, and on September 4, 2014, the said judgment became final and conclusive on the 12th of the same month after being sentenced to a suspended sentence of 6 months for the same crime in the same court.

【Criminal Facts】

On October 15, 2014, the Defendant, without obtaining a driver’s license at around 5:50 on October 15, 2014, driven a d SM5 car in the section of about 200 meters from the Jinyang-dong Port Mo-dong, Manyang-gu, Busan-si, and the front day of the Ginyang-si, the blood alcohol concentration of 0.153%.

Accordingly, although the Defendant had drinking power twice or more, he again driven a drinking again as above.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

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 for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. In light of the fact that the instant crime was committed at the time when the sentence was sentenced to a suspended sentence due to the force of the same or similar kind of punishment for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act, and the degree of blood alcohol concentration is high and thus high risk is extremely high, a sentence of sentence is inevitable.

However, the sentence was determined in consideration of the circumstances of crimes and the defendant's gender, age, family relationship, support duty, and the possibility of revocation of suspended execution.

It is so decided as per Disposition for the above reasons.