A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On January 29, 2014, the Defendant sentenced five months to imprisonment with prison labor at the Suwon District Court for the obstruction of performance of official duties, etc. and completed the execution of the sentence on April 9, 2014, and was sentenced to imprisonment with prison labor for the violation of the Road Traffic Act (driving) at the Suwon District Court’s Ansan Branch on June 19, 2006. In the same court on June 18, 2007, the Defendant was sentenced to imprisonment with prison labor for the violation of the Road Traffic Act (driving) at the Suwon District Court on December 22, 2009.

On November 14, 2014, at around 15:28, the Defendant was not a mandatory insurance policy, but driving CM5 vehicles under the influence of alcohol with a blood alcohol concentration of 0.132% at a section of about 5km from the vicinity of the Gangnam-gu Seoul Cheongdo to the roads before the Handogdong 957-4, the same Gu Cheongdogdong, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Previous records: Application of criminal records, etc. and investigation reports (verification of suspect repeated crimes and criminal records of the same kind);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Act on Guarantee of Automobile Accident Compensation;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (trades of the crimes of violation of the Road Traffic Act due to a drunk driving and the crimes of violation of the Road Traffic Act due to a unlicensed driving. Punishment of the crimes of violation of the Road Traffic Act due to a heavier drunk driving);

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.