A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On December 1, 2009, the Defendant received a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Port Branch of Daegu District Court on December 1, 2009, and on April 2, 2012, the same court received a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act (driving). On May 1, 2012, the same court received a summary order of KRW 5,00,000 as a fine for a violation of the Road Traffic Act (driving) and on March 18, 2013, the Defendant was a person who had been sentenced to a fine of KRW 5 million by the same court on March 18, 2013 and had a record of drinking driving two or more occasions.

On April 21, 2014, the Defendant, without obtaining a driver’s license at around 22:10, driving Bschton car at a section of about 10km from the Do in front of the Sogsan restaurant located in the Sogdong-Eup, Nam-gu, Chungcheongnam-gu, Seoul, in the state of alcohol of 0.182% of the blood alcohol concentration without obtaining a driver’s license at around 22:10.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Notification of the results of crackdown on drinking driving, and the ledger of driver's licenses;

1. Inquiry into the enemy;

1. Report on the circumstances of driving without a license and report on the circumstances of driving without a license;

1. Previous records of judgment: An investigation report (a confirmation of the fact that a suspect has been punished on at least two occasions due to drinking alcohol) and criminal records-related Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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

1. The sentence like the order shall be imposed in consideration of the fact that the instant crime has been committed repeatedly despite the number of criminal records having the same kind of criminal records as the sentencing of selective sentence, and the blood alcohol concentration has not been lowered, and other conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the Defendant’s age, character, conduct, means and consequence, etc.