A defendant shall be punished by imprisonment for six months.

except that 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 April 13, 2011, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act in the Busan District Court’s Busan District Court’s Branch, and a fine of 1.5 million won as a crime of violating the Road Traffic Act (free license) in the same court on June 8, 2007.

Nevertheless, around 00:56 on December 21, 2012, the Defendant driven B SP car with a blood alcohol content of 0.062% under the influence of alcohol without a car driver's license from approximately 500 meters to the roads in front of the history distance of the citizens' center (Gu) located in the Nam-gu Incheon Metropolitan City (Gu) to the roads in front of Samsung Bio-gu 302, Nam-dong, Nam-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving and on the circumstances of drinking drivers;

1. A driver's license inquiry;

1. Previous conviction: Application of a reply to criminal records and statutes;

1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 40 (Punishment on Crimes of Violating Road Traffic Act Due to Seriously Liquefied Driving)

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 2009Da15488, Apr. 1, 2009);

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act that reflects mistake in addition to the circumstances);