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 August 11, 2008, the Defendant was issued a summary order of KRW 2.5 million by a fine for the violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch on August 11, 2008, and a fine of KRW 4 million by the same court on February 17, 2012.

On June 1, 2013, at around 21:50, the Defendant driven the CMW car without a driver’s license while under the influence of 0.116% of blood alcohol concentration on the front of the CM car, a plaintiff who was in the CM car under the influence of a driver’s license.

As a result, although the defendant had the power of violating driving under the influence of alcohol more than twice, he again driven the said vehicle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a report on the confirmation of the same criminal records) and Acts and subordinate statutes;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished five times from May 2005 to August 2012 due to drunk driving or unlicensed driving, and the crime of this case is not less exceptionally established in the course of committing the crime of this case. However, in light of the fact that the defendant has no record of punishment heavier than the suspension of execution, and is against the fact that there is no record of punishment heavier than the suspension of execution, etc., the punishment as set forth in the Disposition shall be determined.