A defendant shall be punished by imprisonment with prison labor for up to 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 October 9, 2012, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) in the Daejeon District Court’s Incheon District Court’s Branch on October 9, 2012, and the judgment became final and conclusive around that time. On December 21, 2012, the Defendant was sentenced to a fine of KRW 1.5 million for the same crime in the same court and became final and conclusive

On February 18, 2013, at around 23:28, the Defendant driven a BM5 vehicle owned by the Defendant under the influence of 00 meters of blood alcohol concentration of at least 0.075%, without a car driver’s license, from the road in front of the Kafin coffee shop located in the Seo-gu, Seoan-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu to the road in front of the restaurant at the 5.5 chickens Doz.

Summary of Evidence

1. Statement by the defendant in court;

1. A driver's license inquiry;

1. Report on the status of the driver;

1. Making a report on the control of drinking driving;

1. The application of Acts and subordinate statutes on criminal records, inquiry reports, and investigation reports;

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. In light of the fact that the defendant, for the reason of sentencing under Article 62-2 of the Criminal Act, has been punished twice for the same crime, once again, he/she takes account of the drinking of this case and driving without a license, etc., although he/she is responsible for such crime, he/she shall determine the punishment like the order, taking into account the fact that the defendant has no criminal record other than the fine, and