1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Punishment of the crime

On November 28, 2012, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Busan District Court on November 28, 2012, and a fine of seven million won for the same crime in the Busan District Court’s Dong Branch Branch on December 28, 2012 and violated Article 44(1) of the Road Traffic Act at least twice.

On January 8, 2014, at around 00:35, the Defendant, while under the influence of alcohol with a blood alcohol concentration of 0.137% without a car driver’s license, driven a C-crin car at approximately 300 meters away from the king Haak-ro, which is located in the middle of the window of the Changwon-si, Changwon-si to the road front of the 39-Sari-dong 300 meters away.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. The driver's license ledger;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (abundance of judgment, etc.) and 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;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

5. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

6. Probation and lecture attendance order Article 62-2(1) of the Criminal Act provides that the defendant who has had several records of punishment due to driving without a license for drinking alcohol for the reason of sentencing of Article 62-2(1) of the Criminal Act is not subject to the punishment of the crime by driving without a license

However, the punishment shall be determined as ordered in consideration of the fact that the mistake is recognized, the fact that there is no criminal record exceeding the fine, etc., and the fact that there is no criminal record, etc., and considering all other circumstances which form the conditions for sentencing, such as character, conduct