A defendant shall be punished by imprisonment for six months.

except that 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 May 4, 2007, the Defendant received a summary order of two million won or more as a fine for a violation of the Road Traffic Act (driving) from the Incheon District Court, and issued a summary order of five million won or more as a fine in the same court on August 29, 2012.

On April 14, 2013, the Defendant, who was punished twice or more due to drunk driving, driven a BFD car under the influence of alcohol concentration of about 0.213% without a driver’s license from the section of approximately 6km from the front side of the Sogpo-gu Incheon Nam-dong, Yeonsu-gu, Incheon, to the front side of the training-dong 579, Yeonsu-gu, Yeonsu-gu, Yeonsu-gu, Yeonsu-gu to the first apartment with approximately 6km alcohol concentration without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

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

1. The driver's license ledger;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and statutes;

1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 40 (Punishment on Crimes of Violating Road Traffic Act Due to Seriously Liquefied Driving)

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15448, Apr. 1, 2007);

1. Article 62 (1) of the Criminal Act on the suspended execution.