1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date when this judgment has become final and conclusive;

3...

Punishment of the crime

On May 28, 2013, the Defendant received a summary order of KRW 1 million for a crime of violation of the Road Traffic Act (driving) from the Suwon District Court on May 28, 2013. On July 25, 2013, the Defendant was not detained in the same court due to the same crime, etc. on the same date, and the criminal records of the same kind of fine are more than twice in the trial of the first instance, and the driver’s license was revoked on August 30, 2013.

On September 9, 2013, at around 02:20, the Defendant driven a CP car owned by the Defendant on the same day from the front of the Eunpyeong-gu Seoul Eunpyeong-dong 241-17 on the same day without obtaining a driver’s license under the influence of alcohol level of 0.076%, and on the same day from the front of the Eunpyeong-gu Seoul Eunpyeong-dong 241-17 at around 02:40, to the front road of the Eunpyeong-dong 241-17.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, but drives a motor vehicle under the influence of alcohol, while driving the motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry the results of the drinking driving control;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (prior to and after disposition and report on results of confirmation);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1, 44 (1), 152, and 43 of the Road Traffic Act, the choice of imprisonment with prison labor;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

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

1. Social service order under Article 62-2 of the Criminal Act;