A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The Defendant, at the Changwon District Court on May 11, 2007, is a person who was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Changwon District Court on October 26, 2009, a fine of two million won for the same crime in the same court on October 26, 2009, a fine of four million won for the same crime in the same court on April 18, 201, and a fine of four million won for the same crime in the same court on September 30, 201, in the same court on September 30, 201, and violated Article 44 (1) of the Road Traffic Act at least twice.

피고인은 2013. 9. 3. 00:18경 김해시 관동동 1058-8에 있는 캠프식당 앞 도로에서부터 같은 동에 있는 세영리첼아파트 앞 도로에 이르기까지 약 70m 구간에서 자동차운전면허를 받지 아니하고 혈중알콜농도 0.149%의 술에 취한 상태로 C 쏘나타 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Inquiry reports, investigation reports (Attachment of previous convictions and attachment of the same type of judgment), each summary order, and application of respective statutes of the judgment;

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 for discretionary mitigation (a favorable condition among the reasons for sentencing below) lies in a history of having been punished several times due to a licenseless driving without drinking (one time of suspended sentence of imprisonment and five times of fines). In addition, the defendant was sentenced at the Changwon District Court on September 30, 201 to a suspended sentence of six months due to a violation of the Road Traffic Act (one time of suspended sentence of imprisonment and five times of fines) and a violation of the Road Traffic Act (one time of unlicensed driving). On October 8, 2011, the defendant committed each of the instant crimes without being aware of the fact that the above judgment became final and conclusive and conclusive on October 8, 2011, and committed each of the instant crimes without being aware of it during the suspended sentence period.