A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On October 1, 2007, the Defendant was sentenced to a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act (driving under the influence of the Defendant) at the Daegu District Court on June 18, 2009. On June 18, 2009, the same court received a summary order of 3 million won by a fine for a violation of the Road Traffic Act (driving under the influence of the Defendant). On May 2, 2012, the same court was sentenced to imprisonment with prison labor for 6 months and a suspended sentence for one year.

Criminal facts

On December 13, 2012, at around 04:08, the Defendant driven a Cobserver car under the influence of alcohol of about 100 meters in volume from the front of the restaurant cafeteria in the Daegu Suwon-gu, to the front of the home flusium in the same Dong without the driver’s license, while under the influence of alcohol of about 0.087% in blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement in the circumstances of an employee;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Disqualifications of the main office;

1. Before judgment: Application of the provisions of Acts and subordinate statutes concerning criminal records and investigation reports (a copy of the same criminal records and summary order attached);

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 Code for discretionary mitigation is that the defendant has many criminal records of the same kind due to drunk driving, and the defendant again commits the crime in this case without a driver's license even before the expiration of the period of suspension of the execution.

Provided, That the punishment as ordered shall be determined in consideration of all the normal data shown in the process of public trial, such as the fact that the defendant is seriously against the defendant, the age of the defendant, family relationship, etc.