A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On September 26, 2006, the Defendant was issued a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Seoul Central District Court on September 26, 2006. On September 30, 2008, the Defendant was issued a summary order of KRW 1 million by a fine for a violation of the Road Traffic Act at the Jung-gu District Court on September 30, 2008. On April 12, 2013, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution.

On September 3, 2014, around 00:33, the Defendant stated the “D” alcohol free license in the indictment from the Do in front of the Namyang-si, to the front of the E-mail at the same time, but there is no evidence to acknowledge it. Rather, according to the investigation report (report on the contents of G telephone), the Defendant continued to drive the distance from “D” to 10:20 meters, and returned back to the back and repeat the Defendant’s act.

Without obtaining a driver's license, Fra-car was driven under the influence of alcohol 0.24% by blood alcohol concentration.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice without a driver's license, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Registers of driver's licenses;

1. A report on investigation (report on the contents of G telephone conversations for reference);

1. Previous convictions in judgment: Reporting on criminal records and applying criminal records-related Acts and subordinate statutes;

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are three times a fine for the same kind of crime and suspended execution.