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

[criminal power] On May 23, 2008, the Defendant was issued a summary order of a fine of KRW 700,000 as a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do branch of the Daegu District Court on May 23, 2008, and on February 12, 2013, the same court issued a summary order of KRW 1 million as the same crime.

【Criminal Facts】

On June 24, 2013, at around 22:40, the Defendant driven BTG car without a vehicle driver’s license from around 2.5km to around 0.162% under the influence of alcohol without a vehicle driver’s license, from around 22:45 on the front side of the Agricultural Product Quality Control Board located in Yangcheon-si, Kimcheon-si to the front road of the Kimcheon-si located in the same Dong.

Accordingly, the defendant, who violated two times the prohibition of driving under the influence of alcohol, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Registers of driver's licenses, investigation reports (on details of revocation of driver's licenses) and details of revocation of driver's licenses attached thereto;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports, investigation reports (Attachment to summary orders of the same kind), and application of Acts and subordinate statutes governing summary orders;

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 for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1548, Apr. 1, 2009);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;