A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On July 12, 2010, the Defendant was sentenced to a summary order of KRW 5,00,000 by the Changwon District Court for the crime of violation of the Road Traffic Act, etc. On July 12, 201, and on July 28, 201, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with prison labor for the crime of violation of the Road Traffic Act (driving) at the Changwon District Court Branch.

On February 15, 2012, at around 06:00, the Defendant, without a car driver’s license, driven Ccoke in the section of about 2 km from the previous parking lot in front of the trade in the window of Changwon-si to the roads in the same building, while under the influence of alcohol by 0.129% of the blood alcohol concentration without a car driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. A report on detection of a drinking driver and a written test for drinking;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiry reports and investigation reports (a copy of judgment, etc.);

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., favorable circumstances that are considered as the reason for sentencing) is that the Defendant was punished by a fine or a suspended sentence on several occasions due to a violation of the Road Traffic Act or a violation of the Road Traffic Act (non-licensed driving). In particular, the Defendant was sentenced to two years of a suspended sentence on August 5, 201 to imprisonment with prison labor for a violation of the Road Traffic Act or a violation of the Road Traffic Act (non-licensed driving) at the Changwon District Court Support on July 28, 201, and was sentenced to two years of a suspended sentence for a violation of the Road Traffic Act (non-exclusive driving) and for a violation of the Road Traffic Act (non-exclusive license) on August 5, 2011.