A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On September 2, 2010, the Defendant was sentenced to a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) in the Incheon District Court’s Busan District Court’s Branch, and a fine of KRW 7 million due to the same crime on October 17, 2014. On June 14, 2011, the Defendant was sentenced to imprisonment for eight months due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) at the Ansan District Court’s Ansan District Branch, and the sentence was completely executed at the Suwon Detention District’s Branch on January 30, 2012 during the execution of the sentence and on February 12, 2012. On November 8, 2012, the Defendant was released on January 30, 2012 and completed the execution of the sentence at the Suwon Detention District on March 7, 2013.

On November 28, 2014, at around 19:13, the Defendant driven C vehicle under the influence of alcohol content of 0.077% without a driver’s license, from around the Gicheon-dong located in Sincheon-dong, to the road located in Sincheon-dong from around 200 meters away from the road located in Sincheon-dong to the road located in Sincheon-dong in Sincheon-dong in Sincheon-si.

Accordingly, the Defendant, while driving the said vehicle without a driver's license, was at the same time driving the said vehicle under the influence of alcohol even though Article 44 (1) of the Road Traffic Act was violated at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking and driving, and the register of driver's licenses;

1. The application of Acts and subordinate statutes as a result of an investigation report (No. 10), a written judgment (No. 11,12), a review of criminal and investigative records, and a review of data on criminal and investigative records;

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. Article 35 of the Criminal Act among repeated crimes;

1. The circumstances that are disadvantageous to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the following circumstances considered as favorable among the reasons for sentencing): The previous conviction of drunk driving or non-licensed driving is limited to nine times, and the suspended sentence is suspended.