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 December 10, 2008, the Defendant issued a summary order of KRW 1.5 million for the violation of the Road Traffic Act and the violation of the Road Traffic Act (non-licensed driving), and the summary order of KRW 2.5 million for the same support on April 14, 2010 and for the violation of the Road Traffic Act (non-licensed driving).

On July 15, 2015, at around 15:35, the Defendant driven Epoter cargo at approximately 0.083% under the influence of alcohol concentration 0.083% without obtaining a driver’s license from the front road of the C cafeteria located in Yong-gun, Young-gun, Youngnam, to the front road of the Dpoter located in the Dpool-gun B.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The ledger of driver's licenses;

1. A inquiry report, such as criminal records;

1. Application of Acts and subordinate statutes to investigation reports (a copy of summary order);

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Probation and community service order under Article 62-2 of the Criminal Act requires the defendant to choose imprisonment in light of the fact that the defendant was punished twice as a fine due to drinking or driving without a license.

However, considering the fact that the defendant recognizes his mistake and reflects, the blood alcohol concentration is not high, there is no history of criminal punishment exceeding a fine, there is no history of criminal punishment after 2010, and there is no history of criminal punishment after 2010, the defendant's age, character and conduct, family relationship, etc., the sentence against the defendant shall be mitigated to determine it as the order and the execution thereof shall be suspended on condition of probation.