A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On April 28, 2013, the Defendant, without obtaining a driver's license at around 05:50 on April 28, 2013, driven B rocketing car at approximately 2 km from the roads around the Seo-gu Seodong Seo-gu, Seo-gu, Gwangju to the front of the Geumdong Ho-dong Geumdong-dong, with a blood alcohol level of 0.109% alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to the register of driver's licenses);

1. Relevant provisions of Article 148-2 (2) 2, 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. In light of the following: (a) the Defendant driven a motor vehicle at a considerable alcohol level of 0.109% without obtaining a driver’s license; (b) the Defendant had been punished four times a fine for the same kind of crime as the instant crime; and (c) the Defendant had been punished once a suspended sentence of imprisonment with prison labor for the same reason as the instant crime; and (d) in particular, even if the Defendant was under a suspended sentence of imprisonment with prison labor for the same reason, the Defendant repeated the instant crime, it is inevitable to punish the Defendant.

However, there is no history that the defendant has been sentenced to punishment due to the same kind of crime, there is no additional risk such as traffic accident while driving the motor vehicle. The defendant seems to have the wife and four minor children, considering the motive, means and result of the crime of this case, the circumstances after the crime, the age, character and conduct of the defendant, family environment, etc., and all of the sentencing conditions such as the defendant's motive, means and result, the defendant's age, personality and behavior, family environment, etc., the punishment shall be determined as per the order.