A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On May 4, 2007, the defendant was notified of a summary order of KRW 1.5 million which was sentenced to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Busan District Court's Busan District Court's branch on June 9, 2008, a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) at the Busan District Court's branch on August 11, 2009, and a summary order of KRW 3 million was sentenced to a fine of KRW 3 million at the Busan District Court's Busan District Court on August 10, 2012. On August 10, 2012, the sentence was finalized on August 28, 2012.

On August 15, 2012, at around 15:05, the Defendant, without a driver’s license, driven a Dunst car at the entrance of the upper village located in the same Dong in the Geum-gu, Busan, under the influence of alcohol content of 0.154% of the blood alcohol content without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Inquiry report, results of investigation by the prosecution, copies of each summary order, and application of Acts and subordinate statutes of the judgment;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (the point of driving a motor vehicle on the market), subparagraph 1 of Article 152 and Article 43 of the same Act (the point of driving a motor vehicle on the market without obtaining a license);

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

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is examined, and the defendant has already been punished several times prior to the instant crime, such as a violation of the Road Traffic Act and a violation of the Road Traffic Act (unlicensed Driving). However, on August 10, 2012, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) is committed.