A defendant shall be punished by imprisonment for up to seven months.

Punishment of the crime

[criminal power] On May 11, 2009, the defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) in the Hongsung Branch of the Daejeon District Court on August 11, 2009, and a fine of 3 million won for a violation of the Road Traffic Act (driving) in the same court on August 3, 2009, and on July 18, 2012, the defendant was sentenced to a summary order of 6 months for a violation of the Road Traffic Act (driving) in the Seocheon Branch of the Daejeon District Court on July 18, 2012, and was sentenced to a suspended sentence of 2 years for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On June 1, 2013, at around 22:55, the Defendant driven a Cbe-cracked car without a driver's license, while under the influence of alcohol concentration of about 0.141% from a seven-lane section to the roads in front of the construction site in front of the same hot spring town located in the same hot spring dong.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to inquiry reports, investigation reports (Attachment to a judgment), investigation reports (verification of a final and conclusive date) and investigation reports;

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. 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. Although there are favorable circumstances such as that the defendant's reason for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act is against the reason for sentencing, considering the fact that the defendant has been punished several times for the same kind of crime, that the defendant again committed the crime of this case by driving without a license during the suspended execution period after being sentenced to the suspended sentence of imprisonment for the same crime, and other factors such as the numerical value of blood alcohol concentration, the sentence is inevitable because the defendant's liability for the crime is nonexistent.

However, the above favorable circumstances shall also be considered.