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 December 26, 2013, the Defendant received a summary order of KRW 3 million from the Jung-gu District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million from the same court on January 15, 2014 to a fine for a violation of the Road Traffic Act.

Nevertheless, on April 19, 2014, the Defendant, without obtaining a driver’s license, driven a CDap vehicle at approximately 200 meters away from the front road of the Dong office located in Seocheon-si, Seocheon-si, Seocheon-si, with a blood alcohol content of 0.261% under the influence of alcohol around 22:15.

As a result, the defendant driving a motor vehicle without obtaining a driver's license and at the same time driving a motor vehicle under the influence of alcohol at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the circumstances of the driving of a motor vehicle;

1. Registers of driver's licenses;

1. Previous record: Application of a reply to criminal records and an investigation report (Attachment to a summary order) by 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 ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the following favorable circumstances, etc.):

1. Article 62 (1) of the Criminal Act (Consideration of the following favorable circumstances, etc.):

1. The reasons for sentencing of Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. include the following: (a) the Defendant’s blood alcohol concentration at the time of drinking alcohol driving in this case is highly high; and (b) the Defendant continues to repeat drinking and unlicensed driving even though he/she had been punished by fines for the same kind of crime.