A defendant shall be punished by imprisonment for seven months.

Punishment of the crime

The defendant was issued a summary order of KRW 4,00,000 at the Gwangju District Court on October 8, 2012, and was sentenced to a fine of KRW 4,00,000, and was sentenced to a suspended sentence for six months on March 13, 2014.

On April 12, 2014, at around 20:30, the Defendant driven a vehicle with low alcohol level B while under the influence of alcohol level of about 100 meters without obtaining a driver’s license, from the front of the calculated park in the Gwangju Mine-gu to the front of the restaurant “Calcheon-ro” in the same Dong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver and the driver's license register of the motor vehicle;

1. Three copies of inquiry reports on criminal records, etc., summary orders, and application of one copy of judgment under statutes;

1. Article applicable to criminal facts;

(a) Drinking: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the same Act.

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment and choice of imprisonment, which are prescribed for a crime of violating the Road Traffic Act due to a drunk driving as judged heavier than the punishment);

1. The Defendant had a record of six times of punishment for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, and further, there is no room to place the instant crime at the time when one month has not passed since the trial was conducted without being aware of the fact that he was sentenced to two years of suspended sentence for the same kind of crime at the time of the instant crime.

In addition, the degree of drinking alcohol is 0.276% higher than that of blood alcohol level.

However, the records and arguments of this case, such as the criminal records and the degree of drinking, are shown after discretionary mitigation in consideration of the fact that the defendant repents his criminal act in depth, that the defendant's health is not good, and that the suspended sentence that was received prior to the judgment of this case is invalidated.