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 April 12, 2010, the Defendant was sentenced to a fine of KRW 1,50,000 for the violation of the Road Traffic Act, etc. in the Gwangju District Court's Netcheon Branch on April 12, 201, and a fine of KRW 3 million for the same crime in the same court on September 25, 2013, respectively.

On September 19, 2014, around 19:30, the Defendant driven a small-scale car under the influence of alcohol of about 150 meters with blood alcohol concentration of 0.11%, without a driver’s license, from around 150 meters away from the front of a cafeteria in the vicinity of the Gyangnam-dong Hospital to the front of the 3rd apartment in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes of an investigation report;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the crime of this case even though he had a record of punishment for the same kind of drinking without a license for driving without the same kind of drinking, and the nature of the crime is heavy.

However, the execution of imprisonment shall be suspended only once in consideration of the fact that the defendant reflects the crime of this case, and that the defendant again is expected not to drive a drinking free license.