A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On August 19, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on September 22, 2015, and a fine of KRW 3 million for the same crime at the Seoul Western District Court on September 22, 2015, and on May 31, 2016, the Defendant was sentenced to a suspended sentence of two years for imprisonment for a violation of the Road Traffic Act (driving) and for a violation of the Road Traffic Act (Free Driver) at the Seoul Western District Court on May 31, 2016, and is still under the suspended sentence as of June 8, 2016.

【Criminal Facts】

On July 14, 2016, the Defendant, without obtaining a driver’s license at around 22:40 on July 14, 2016, driven a B-hand car at a 24-Hamy Center of Yeongdeungpo-gu, Seoul, for about 0.175% alcohol concentration, from the 24-Hamya to the intersection of the World Cup stadium of Mapo-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on detection of drinking drivers and results of the control of drinking driving;

1. Investigation report (on driving without a license)

1. Previous convictions: References to criminal records and investigation reports (a stay of execution of suspects and attachment of court rulings related to the Road Traffic Act) shall apply;

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. Taking account of the fact that the instant crime was committed once the sentence of probation was sentenced for the same kind of crime for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act, and the fact that the previous criminal records, the past criminal records, and the final judgment becomes final and conclusive and conclusive, thereby recognizing the period of punishment to be reinstated, and the period of punishment to be imposed concurrently, and the mistake