A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On December 27, 2007, the defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on November 10, 2008, a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Sungnam Branch of the Suwon District Court on November 10, 2008, and a fine of 2.5 million won for a violation of the Road Traffic Act at the Seoul Central District Court on March 23, 2009. On May 15, 2014, the defendant was sentenced to a summary order of 2.5 million won for a violation of the Road Traffic Act (driving) at the Incheon Central District Court on May 15, 201, and was sentenced to a suspended sentence for two months and for two years on May 23, 2014.

【Criminal Facts】

On October 28, 2014, at around 22:36, the Defendant driven CM5 vehicles under the influence of alcohol content of 0.058% without obtaining a driver’s license from around 3, Jung-gu, Seoul, to around 2 km to the front of the white road in the same month.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. Investigation report (Attachment to a notification of the result of control of sound driving);

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of criminal records);

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 with prison labor chosen;

1. In light of the fact that the punishment for the same kind of crime for sentencing under Articles 53 and 55(1)3 of the Criminal Act has been imposed several times, and that the crime of this case was committed during the period of suspension of execution of the same crime, a strict punishment is inevitable and sentenced. However, the punishment is determined as ordered in consideration of the fact that the defendant's mistake is against his/her own mistake, and other sentencing conditions indicated in the records, such as the defendant's age, character and behavior and environment.