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 August 25, 2006, at the Seoul Eastern District Court, the Defendant received a summary order of KRW 2 million from a fine for a violation of the Road Traffic Act (driving) and a summary order of KRW 8 million from the Jung-gu District Court on April 19, 2013 to a fine for a violation of the Road Traffic Act (driving).

On August 25, 2013, around 22:24, the Defendant driven a B observer car under the influence of alcohol concentration of 0.144% without a car driver’s license in the 2km section from the road located in Goyang-si, Goyang-si, Gyeonggi-si to the front road of the household store.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Registers of driver's licenses;

1. Inquiry into the result of the crackdown on drinking driving;

1. The circumstantial report of an employee;

1. Criminal records;

1. Application of Acts and subordinate statutes of an investigation report;

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

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. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, etc.;