A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On October 17, 2006, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on February 2, 2007, a fine of one million won for a violation of the Road Traffic Act, at the same court on November 16, 2007, at the net support of the Gwangju District Court on November 16, 2007, a fine of five hundred thousand won for a violation of the Road Traffic Act (non-license). On February 17, 2010, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) from the Suwon District Court on the Pyeongtaek Housing Site at the Suwon District Court on February 17, 201, at the same court on April 6, 2011.

【Criminal Facts】

On March 19, 2014, at around 00:34, the Defendant driven a driver’s vehicle with a blood alcohol concentration of 0.161% without obtaining a driver’s license from the front side of the sampling road in Pyeongtaek-si, Pyeongtaek-si to the front side of the Liol Park.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and report on the results of the crackdown on drinking;

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. Previouss before ruling: Criminal history records, inquiry reports, and application of 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 for discretionary mitigation is that prior to the instant case, the Defendant was punished by a fine on two occasions due to a drunk driving, and was punished by a fine on one occasion due to aless driving. Although the Defendant had a record of being sentenced to a suspended sentence due to a drunk driving, the Defendant again committed the instant crime in which a drunk driving and a non-licensed driving were committed, it is inevitable to sentence imprisonment with prison labor.

provided, however, that.