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

Punishment of the crime

[Criminal Power] On April 24, 2013, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong site, and the said judgment became final and conclusive on May 2, 2013, and six times of the same power.

【Criminal Facts】

On April 6, 2013, at around 20:28, the Defendant driven C cargo vehicle without obtaining a driver’s license in the state of alcohol with a blood alcohol concentration of about 4 km from the front of the Habbp-gu, which is in the direction of the Habp-gu in Ansan-si to the front of the game septic tank located in the same city-si.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. A driver's license inquiry;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (the confirmation of judgment of the same kind of case prosecuted);

1. Relevant provisions of Article 148-2 (2) 3, 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 and Article 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 crime of this case on the grounds of sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act dealing with concurrent crimes was committed by the defendant without a driver's license, and the defendant is already punished by a fine for driving without a driver's license, etc., and was sentenced to a suspended sentence on February 9, 2004 by drinking and driving without a driver's license. On October 15, 2012, immediately before the crime of this case, even though he was detained for drinking and driving without a driver's license, and again was tried for driving without a driver's license, a sentence of imprisonment is inevitable.

However, there are many factors for sentencing, such as the fact that the defendant recognizes the crime and the latter concurrent crimes of Article 37 of the Criminal Act.