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 30, 2007, the Defendant received a summary order of 700,000 won of a fine for a violation of the Road Traffic Act from the Daegu District Court Kimcheon Branch, and on January 29, 2008, a summary order of 1.5 million won of a fine was issued by the same court.

On September 14, 2013, at around 01:00, the Defendant driven a B-hurd motor vehicle with blood alcohol concentration of 0.105% while under the influence of alcohol without obtaining a driver's license in front of the candle distance.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and drives a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and attachment reports of judgment) 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. Despite the fact that an order to attend a lecture was subject to three times criminal punishment due to drinking or unlicensed driving of the reason for sentencing under Article 62-2 of the Criminal Act, its liability for the crime of this case is not less complicated.

Provided, That the punishment shall be determined as ordered in consideration of the fact that there is no previous conviction exceeding the fine, the circumstances favorable to the reflection, and other circumstances, such as the age, character, conduct and environment of the defendant.