A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

The defendant was sentenced to a fine of one million won for the crime of violation of the Road Traffic Act at the Daejeon District Court on June 17, 2008, and a fine of one million won for the same crime at the same court on June 9, 2009, respectively, and on October 14, 2013, the defendant was sentenced to a suspended sentence of two years for imprisonment for the same crime at the same court on October 22, 2013, and the decision became final and conclusive on October 22, 2013.

Although the Defendant had been able to violate Article 44(1) of the Road Traffic Act more than twice, on June 4, 2014, at around 20:25, the Defendant driven Cone Star 6 Doz. while under the influence of alcohol with approximately 1k-meter alcohol concentration 0.161% without obtaining a driver’s license in the section of about 1km and driving Cone Star 6 Doz.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual survey report (1, 2);

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and confirmations) and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are determined as follows in consideration of the following circumstances:

Reoffending during the period of the same kind of probation, high drinking level reflectivity, and family health status, etc. of the defendant;