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

[criminal power] On May 12, 2010, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do, and on August 20, 2014, the Defendant was issued a summary order of KRW 1.5 million for a fine of KRW 1.5 million for the same crime.

【Criminal Facts】

As above, the Defendant, who was punished twice or more for a violation of the Road Traffic Act (driving) and was under the influence of blood alcohol concentration of 0.063% from August 23, 2014 to November 30, 2014, was under the influence of alcohol of 0.063%, and on November 21, 2014, at around 7-1, the Defendant was driving a B Pool car at the 1km section from the front of the Suwon District Court located in the same number of Dong-dong from November 21, 2014 to the front of the Pyeongtaek-dong site at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, inquiry into the results of the control of drinking driving, and report on the state of drinking drivers;

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

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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 is a case where a defendant drives a motor vehicle without a driver's license, and the defendant again commits the crime despite the fact that the defendant had been already punished twice due to drinking driving, etc., and thus, it is inevitable to punish him/her accordingly.

However, it is against the fact that the defendant recognizes the crime, and a fine is imposed on the same kind of crime.