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 November 4, 2011, the Defendant received a summary order of KRW 2 million from the Daegu District Court to a fine for a violation of the Road Traffic Act, and on November 2, 2012, the same court issued a summary order of KRW 3 million to a fine for a violation of the Road Traffic Act.

Criminal facts

On February 18, 2013, at around 23:02, the Defendant driven a vehicle B 40 (i40) without a driver’s license, while under the influence of alcohol 0.106% in a about 7km section from around 23:02 to the point at which it is impossible to identify the trade name located in the Daegu Sinsi-si, Busan Metropolitan City from around 111km.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. A report on detection of a host driver;

1. Statement under circumstances;

1. Disqualifications of the main office;

1. License register;

1. Records before judgment: Application of inquiry reports on criminal records, etc. and investigation reports (a copy of summary order attached) Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture are important in light of the fact that the defendant committed the instant crime again despite the majority of criminal records of the same kind. However, considering the fact that the defendant committed a serious reflective act, there is no criminal record of suspended execution or more, and the defendant's disposal of the vehicle and disposal of the vehicle does not lead to re-offending, the punishment as ordered shall be determined as ordered.