A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

On December 3, 2007, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act, etc. in the Western Branch of the Daegu District Court on December 3, 2007, and on December 28, 201, in the Western Branch of the Daegu District Court, the Defendant was sentenced to a suspended sentence of 2 months for a violation of the Road Traffic Act on December 28, 201, and the said judgment becomes final and conclusive on January 5, 2012 and is currently under the grace period

On June 18, 2012, at around 21:40, the Defendant driven a DNA-free car under the influence of alcohol content of 0.092% without obtaining a driver’s license from the front of the Defendant’s house located in Seongbuk-gun B to the front road of about 21:59 on the same day, from around 21:59 on the same day.

As a result, the defendant, while under the influence of alcohol, has driven a motor vehicle without a driver's license even though the power of driving a motor vehicle is twice or more.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

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

1. Registers of driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, and each investigation report (Attachment of criminal records of a suspect, an appellate court judgment and a report on the fixed date) 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. 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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds) is that the defendant confessions the instant crime and reflects in depth, etc. is favorable circumstances.

However, the defendant has been punished five times due to drinking driving, and eight times due to driving without a license, and the defendant has a driver's license.