A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 29, 2012, the Defendant issued a summary order of KRW 4 million by a fine for a violation of the Road Traffic Act at the Seoul Southern District Court on November 29, 2012, and KRW 3 million by a fine at the Seoul Southern District Court on August 8, 2013.

On March 23, 2013, around 2013:16, the Defendant driven a B knife vehicle owned by the Defendant without obtaining a driver’s license for a vehicle with approximately KRW 1.4 km section from the front day of the New Disease Control in Dongjak-gu Seoul Metropolitan Government to the front day of the 1051 Dae-dong, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul.

Accordingly, the Defendant, who violated the prohibition of drunk driving more than twice, drives a motor vehicle under the influence of alcohol again, and simultaneously drives a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 2, 201);

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more (the grounds for discretionary mitigation are repeated);