A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On September 26, 2013, at around 06:05, the Defendant driven a B-pon vehicle over approximately 1.4 km from the Do in the upstream of the Nowon-gu, Seocheon-si without a driver’s license, which was in the influence of alcohol of 0.184%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the registry of driver's licenses, reports on detection of driver's licenses, circumstantial reports on driver's licenses, circumstantial reports on driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, 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. Imprisonment with prison labor for choice of punishment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that on December 6, 2008, the defendant was notified of a summary order of a fine of KRW 700,000 as a crime of violation of the Road Traffic Act at the Incheon District Court Branch Branch of Incheon District Court on December 6, 2008. The defendant was sentenced to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act (unlicensed Driving) on March 9, 2009. On April 17, 2013, the sentence was sentenced to a suspended sentence of 8 months for a crime of violation of the Road Traffic Act (Retoxicing Driving) on April 17, 2013. The above judgment became final and conclusive at that time, despite the fact that each of the crimes of this case was committed after the said judgment became final and conclusive, and even during the suspended sentence period, the blood alcohol concentration of the defendant was considerably high.

However, the defendant's mistake is divided, and other circumstances of this case, such as the defendant's age, character and conduct, family relationship, previous conviction, and circumstances after the crime, shall be determined as the sentence as ordered by considering the whole.