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

Punishment of the crime

The defendant of criminal records was sentenced to a suspended sentence of two years on April 12, 2001 due to a violation of the Road Traffic Act (driving) by this court on April 12, 2001, and was sentenced to a summary order of a fine of KRW 4 million on March 28, 2007, and was sentenced to a fine of KRW 7 million on April 12, 2007, and was sentenced to a suspended sentence of six months on September 20, 201, and was sentenced to a suspended sentence of two years on September 24, 201, and the said judgment becomes final and conclusive on November 24, 201, and is currently under the suspended sentence.

Criminal facts

On June 24, 2012, the Defendant, without obtaining a driver’s license at around 02:00, driven a D Lasta car from approximately 200 meters away from the road front of the mutual infinite alcohol house in Pyeongtaek-si to the road front of the Korea Industrial Complex in the same Sindong, while under the influence of alcohol by 0.214%.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the status of driving without a license), investigation report, report on the status of a driver, report on the status of a driver with a driving, report on the status of a driver with a driver with a standing, register of driver with a driver's license,

1. Previous convictions in judgment: An inquiry report, two copies of the judgment, one copy of the summary order, and application of Acts and subordinate statutes of the search details of cases;

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 Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant has already been punished four times or more due to the violation of the Road Traffic Act, but the defendant has repeated the same crime without being aware of the fact during the suspension period, and without having obtained a driver's license, whose blood alcohol concentration value reaches 0.214%, without being aware of the fact during the suspension period. As such, it is inevitable to punish the defendant with severe punishment due to the very poor nature and character and behavior.