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

[criminal power] On July 16, 2012, the Defendant was sentenced to a summary order of KRW 3,000,000 for the violation of the Road Traffic Act and the violation of the Road Traffic Act (unlicensed driving) at the Changwon District Court's Busan Branch on July 16, 2012. On September 6, 2012, the same court was sentenced to a fine of KRW 2,50,000 for the violation of the Road Traffic Act.

【Criminal Facts】

On February 19, 2013, at around 01:28, the Defendant driven a mash-purd motor vehicle with a blood alcohol concentration of 0.109% under the influence of alcohol without obtaining a driver’s license from approximately 500 meters from the front of the Mash-gu Dok-dong to the front of the Guksan Station located in the same Sinsan-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking driving;

1. Registers of driver's licenses for motor vehicles and disqualified meetings of the main office;

1. Previous records of judgment: Application of inquiry reports, such as criminal records, investigation reports (a copy of summary order and attachment of a copy of judgment);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., the fact that the criminal defendant has repented his/her mistake in depth and has no power to punish him/her heavier than the fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;