A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On November 24, 201, the Defendant was issued a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act at the Gwangju District Court on September 20, 201, and on September 28, 2012, the Defendant was sentenced to a suspended sentence of 10 months by the same court for the same crime, etc. on September 28, 2012, which became final and conclusive on September 28, 2012. However, on July 11, 2014, the sentence of the suspended sentence was revoked and is currently being executed in the funeral institution at present, and is a person who violated Article 44(1) of the Road Traffic Act at least twice.

【Criminal Facts】

At around 19:10 on March 31, 2013, the Defendant driven Cpoter cargo vehicles under the influence of alcohol of about 2 km from the 19:10 to the 19:08% alcohol concentration of blood alcohol without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses and current status of registration of disqualified persons;

1. Previous records of judgment: Application of criminal records, investigation reports (Attachment of a copy of the same attached military record and confirmation of the fixed date);

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the defendant has been punished several times for the same kind of crime, and in particular, even though he/she was sentenced to a suspended sentence of ten months on September 20, 2012 due to a violation of the Road Traffic Act (driving) and was sentenced to a suspended sentence of ten months on September 20, 2012, he/she seems to lack the awareness of the crime of driving without a license, such as committing the instant crime again during the grace period.

In addition, the crime of this case was discovered by the defendant's drinking driving in light of the fact that the defendant was found to have caused an accident of receiving the iron of the Co., Ltd. in the front-Nam-gun School.