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 September 27, 2010, the Defendant was issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, and KRW 3 million as a fine in the above court on January 9, 2012, at the Jeonju District Court’s Military Mountain Branch on September 27, 2010.

On September 10, 2012, at around 23:05, the Defendant, without a driver’s license, driven a B low-speed car at the section of approximately 200 meters from the front side of the “low-sea restaurant” located in the Hasan-si Busan Metropolitan City, to the front side of the “GSS Tax Station” located in the Hasan-si, Hasan-si, the Defendant was under the influence of alcohol content of 0.128%.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on detection of drivers of alcoholic beverages and electronic documents and reports on circumstantial statements of drivers of alcoholic beverages;

1. Inquiries about the results of crackdown on drinking driving;

1. A driver's license inquiry;

1. Application of Acts and subordinate statutes, such as criminal records;

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 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 extenuating circumstances among the reasons for sentencing).

6. The reason for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act on probation, community service, and lecture attendance order is that the defendant committed the crime of drinking and driving without a license even though he has been punished twice due to drinking driving. In light of the revision of the Road Traffic Act, it is necessary to strictly punish the defendant in light of the fact that the punishment for drinking driving has been strengthened after the revision of the Road Traffic Act, however, the defendant has no record of punishment heavier than the suspended sentence due to the same kind of crime, and that the defendant is seriously against the defendant, and again he is expected not to drive under drinking.