A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On August 29, 2008, the Defendant was sentenced to a summary order of 2.5 million won for a violation of the Road Traffic Act (driving) in the Busan District Court’s branch court’s support on November 25, 2008, and was sentenced to a fine of 2 million won for a violation of the Road Traffic Act (driving) from the same support on November 25, 2008. On September 21, 201, the Changwon District Court was sentenced to a fine of 1 million won for a violation of the Road Traffic Act (driving).

【Criminal Facts】

1. On April 30, 2012, the Defendant: (a) committed the crime of drinking without a license on two or more occasions; and (b) again, on April 30, 2012, the Defendant driven C-type truck under the influence of alcohol with a blood alcohol concentration of at least 0.096%, without a driver’s license, at a distance of about 10km from the front of the road where it is impossible to identify the trade name in the Seopodong-dong, Busan, on April 30, 2012 to the roads front of the Seopo-dong, Seopo-dong, Seopo, Busan.

2. On May 24, 2012, the Defendant: (a) committed a crime of drinking without a license on two or more occasions; and (b) again, on May 24, 2012, the Defendant driven the said truck under the influence of alcohol with a maximum of approximately 500 meters alcohol concentration of 0.06% without obtaining a driver’s license, from the front of the same market in the Eastdong-gu, Busan at around May 24, 2012 to the front of the same hot spring-dong middle school.

Summary of Evidence

【Criminal Facts in the Market】

1. Defendant's legal statement;

1. A report on detection of a host driver (Evidence No. 9 of Evidence No. 2012, 415);

1. Inspection of the results of the crackdown on drinking driving (Article 4 of the Evidence No. 2012, 533);

1. The register of driver's licenses (previous record on market);

1. Criminal records, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (attached to judgment, 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 (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act; and

1. Punishment provided for in Articles 40 and 50 of each Criminal Act for ordinary concurrent crimes (Punishment provided for in the crimes of violating the Road Traffic Act heavier than punishment);

1. Selection of each sentence of imprisonment;