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

Punishment of the crime

On December 3, 2007, the Defendant was sentenced to a fine of 2.5 million won as a crime of violation of the Road Traffic Act at the Busan District Court, and on August 18, 2008, the same court was sentenced to a suspended sentence of 2 years for August, 2008, and on November 29, 201, by a fine of 2.5 million won as a crime of violation of the Road Traffic Act at the same court.

In addition, on July 25, 2014, the same court was sentenced to a suspended sentence of 8 months for the crime of violation of the Road Traffic Act, and appealed for 2 years, and has violated the prohibition of the Road Traffic Act (driving) more than twice during the present trial.

On August 6, 2014, at around 23:28, the Defendant driven a CBro vehicle with a blood alcohol concentration of about 0.159% while under the influence of alcohol without obtaining a driver's license, from around 2.6km section in the front side of the Chuncheon East East-dong, Busan Metropolitan City, Busan Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a driver and the ledger of driver's licenses;

1. Application of statutes to inquiries about criminal records, etc.;

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 in consideration of the fact that a person had been sentenced to the same type of punishment or the previous suspended sentence, and thus drinking or driving without a license is again conducted;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the age of the defendant, his/her wife's health status, etc.);