A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On June 4, 2008, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) at the Jung-gu District Court on June 4, 2008, and on June 23, 2011, the Defendant was sentenced to a suspended sentence of two years due to a violation of the Road Traffic Act (driving) and was sentenced to a suspended sentence of two or more times by the same court.

On February 16, 2012, the Defendant, without a driver’s license, driven the CM5 vehicle from the vicinity of the water station in the Gui-sidong on February 21, 2012 to the Gu Gi-dong 21:22 on the same day, while under the influence of alcohol level of 0.146%.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report, report on the situation of a drinking driver, inquiry into the results of the crackdown on drinking driving, and report on the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry into criminal and investigation records and investigation reports (report accompanied by a written judgment);

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. The crime of this case on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the grounds for sentencing) is not good in light of the following: (a) the Defendant was driven under the influence of alcohol without a driver’s license; (b) the blood alcohol concentration at the time of the instant case is very high to 0.146%; and (c) the Defendant had the record of being sentenced to one criminal punishment for a fine for driving under the influence of alcohol, etc. once of suspended sentence due to driving under the influence of alcohol; (d) twice of a fine; and (e) at the time of the instant crime, the Defendant was at the government district court on June 23, 201.