A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On May 21, 2008, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at an Ansan District Court's Ansan Branch on May 21, 2008, and a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on October 30, 2009, respectively, and was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act (driving) at the Ansan District Court's Ansan Branch on May 11, 2012.

On March 3, 2013, at around 07:50, the Defendant, without a car driver’s license, driven a HL car at approximately 1km from the front of the F apartment parking lot in Ansan-gu, Ansan-gu to the front road in Ansan-gu, Ansan-si, Ansan-si, with the blood alcohol concentration of 0.16%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the situation of driving without a license, and statement on the driver's license inquiry;

1. Previous convictions in judgment: Application of investigation reports (former and confirmative Acts and subordinate statutes);

1. Article applicable to criminal facts;

(a) point of drinking: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Subparagraph 1 of Article 152 and Article 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 fact that the defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., "reasons for punishment" hereinafter) are not well-known even though he is under the period of probation, and again leads to the drinking and non-licensed driving again, is disadvantageous to the defendant.

On the other hand, there are favorable circumstances for the defendant, such as the fact that the defendant reflects his mistake in depth, the fact that the defendant is in a position to support his family, and the preceding fact for the disabled.

It is so decided as per Disposition by taking into account the above circumstances such as the age, character and conduct of the defendant and other conditions of sentencing.