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.

Punishment of the crime

On June 18, 2013, the Defendant received a fine of KRW 4 million for a violation of the Road Traffic Act (driving) from the Suwon District Court’s Ansan Branch on June 18, 2013, and a fine of KRW 1.5 million for the same crime from the Cheongju District Court’s 29 January 2015.

On March 13, 2015, at around 20:05, the Defendant driven a D low-speed car under the influence of alcohol content of 0.09%, without obtaining a driver’s license, from around 500 meters in a section of approximately 500 meters in the 187-17 front road from the Do in front of the Chungcheongbuk-gun C.

Summary of Evidence

1. Defendant's legal statement;

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

1. Report on the situation of driving without a license, and a driver’s license inquiry;

1. The result of blood collection (the report on the main driver's actions);

1. A written appraisal of blood alcohol;

1. Control note;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Before ruling: Criminal history records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than six months nor more than one year and six months;

2. The Defendant, who was sentenced to punishment, committed the instant crime even though he had the record of punishment several times due to drinking driving, is disadvantageous to the Defendant, and the fact that the Defendant, who led to the confession of the instant crime, is favorable to the Defendant.

The records of this case as well as the above circumstances.