A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On July 20, 2009, the Defendant received a summary order of KRW 1 million from the Changwon District Court to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act, and on April 26, 2010, a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act in the Changwon District Court's Jeju District Court's Seoul District Court's Seoul District Court's Seoul District Court's Seoul District Court's Seoul District Court's Seoul District Court's judgment on July 6, 2012, and on June 28, 2012, the Defendant was sentenced to a suspended sentence of KRW 6 months for a crime of violating the Road Traffic Act (e.g., refusal of measurement).

On June 17, 2013, at around 02:15, the Defendant driven CK-5 vehicles under the influence of alcohol by 0.084% without obtaining a driver’s license from a section of about 1km from the front of a bus terminal located in Jinju-si, Jin-si to the front day of the construction of a tent exhibition center located in the same city southnam-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (a summary order and report accompanied by 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. A sentence is inevitable in light of the following: (a) although the defendant supports his mother for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the conditions favorable to the sentencing specified in the following reasons), and the fact that the defendant repents the mistake, it is recognized that the crime of refusing to take a drinking test was committed during the period of suspension of execution; (b) the blood alcohol concentration level was not low; and (c) the punishment power for drinking or unlicensed driving was more than five times; and (d) the punishment power due to drinking or unlicensed driving was more than five times.

However, if imprisonment is finalized, it shall be taken into account the situation where the suspended sentence will be invalidated.