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

The Defendant, at the Changwon District Court on February 9, 2007, issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and on April 15, 2013, issued a summary order of KRW 2,50,000 as a fine for the same crime at the same court on April 15, 201 and violated Article 44 (1) of the Road Traffic Act at least twice.

On May 24, 2013, at around 23:00, the Defendant, without a driver’s license, driven a B rocketing car at a section of approximately 500 meters from the front day of the mutually influent restaurant located in the Cheonghae-si, Kimhae-si to the front day of the “Influence on the old Day” located in the same Ri, while under the influence of alcohol content of 0.123% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal history records, references to criminal records, reporting on the results of confirmation before disposition, and applying Acts and subordinate statutes to investigation reports (a copy of summary order attached);

1. Relevant provisions of Article 148-2 (1) and (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The reason for sentencing in Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the Defendant is repeatedly guilty of drinking or unlicensed driving without being aware of the fact that he had been punished five times due to drinking or unlicensed driving since 2002.

Provided, That the punishment shall be determined in consideration of the fact that the defendant has committed a crime and is divided in favor of him/her, and the punishment shall be determined in consideration of all other circumstances that conditions for sentencing, such as character, conduct and environment of the defendant.

In addition, probation shall be promoted in order to eradicate drinking and unlicensed driving.