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 July 23, 2010, the Defendant was issued a summary order of KRW 1 million by the Suwon District Court for a violation of the Road Traffic Act. On August 7, 2012, the Defendant was issued a summary order of KRW 3.5 million by the Suwon District Court for a violation of the Road Traffic Act.

On March 5, 2013, at around 01:45, the Defendant, without obtaining a driver’s license, driven a B-to-land in approximately 2 km section from the front of the G-to-de Mon Ma-to-Eup in Ansan-si to the front road of the G-to-Saman apartment, in a state of 0.098% alcohol concentration, while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, and report on the state of standing;

1. A driver's license inquiry;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (limited to the same type of criminal records and attachment of judgment);

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

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

1. The crime of this case on the ground of sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is a case where a defendant drives a motor vehicle without a driver's license, and the defendant once again commits the crime despite the fact that the defendant had been already punished several times due to drinking driving, etc., it is inevitable to punish him/her accordingly.

However, the punishment shall be determined in consideration of various sentencing factors, such as the fact that the defendant is recognized to commit the crime and the defendant has no criminal record exceeding the fine, and the suspension of execution shall be sentenced on the condition that probation and the lecture order is