A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

The Defendant, at the Incheon District Court on September 17, 2009, issued a summary order of a fine of one million won for the crime of violation of the Road Traffic Act (driving) at the Incheon District Court on September 17, 2009, and on December 7, 2012, the written indictment at the Suwon District Court on May 7, 201, appears to be a clerical error in the draft.

A summary order of a fine of four million won was issued for the same crime in support.

On September 13, 2013, the Defendant, without obtaining a driver’s license of a motor vehicle on September 13, 2013, driven a B-learning motor vehicle under the influence of alcohol content 0.163% at a section of about 20km from the roads near the educational dynamics in Gangnam-gu Seoul to the point of 21.5km in the Hanam-si, Seonam-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver and the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of two copies of inquiry reports and summary order copies, such as criminal records, etc.;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Criminal Code of the community service order and the order to attend a lecture has already been punished twice due to drinking driving as stated in its reasoning, and at the same time, the Defendant committed the instant crime without being well aware of the history of punishment, and the occurrence of a traffic accident during drinking driving as well as the high drinking level, which is disadvantageous to the Defendant, such as the occurrence of large human life accidents. However, on the other hand, there are more favorable circumstances such as the confession and rebuttal of the Defendant, and the absence of criminal records beyond fines, and other conditions of sentencing, such as the Defendant’s age, character and behavior, and environment.