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 20, 2012, the Defendant was notified of a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch on August 20, 201, and on August 11, 2006, the Defendant was notified of a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Seoul East District Court.

On June 28, 2014, at around 20:53, the Defendant driven B-wing truck with a blood alcohol concentration of at least 0.055% without obtaining a driver’s license in approximately 100 meters section from the front of the restaurant to the Harter road located in the main body of the Do.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police with respect to C and D;

1. The circumstantial statement of the employee;

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

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes of investigation reports;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the crime of this case even though he had a record of punishment for the same kind of drinking driving on several occasions, and the nature of the crime is heavy.

However, the execution of imprisonment shall be suspended only once in consideration of the fact that the defendant reflects the crime of this case, and that the defendant again is expected not to drive a drinking free license.