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 April 20, 2009, the Defendant received a summary order of KRW 1.5 million from the Changwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 4.5 million to a fine for a violation of the Road Traffic Act at the Changwon District Court on November 25, 2013.

On March 6, 2015, at around 21:35, the Defendant driven a B-hand vehicle under the influence of alcohol level of 0.068% without obtaining a driver’s license from the front of the Kimhae Tourist Hotel located in the father-dong in the Kimhae-si in the same city to the Gyeongnam-dong in the same city and the front road in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drunk driving, report on the circumstances of drunk driving, and report on the circumstances of drunk driving;

1. A driver's license inquiry;

1. Previous convictions in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to criminal records, investigation reports (Attachment to judgment);

1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same 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 (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime under the same type of without a license even though not only was sentenced to a fine for violating the Road Traffic Act, such as the crime stated in the judgment of the court below, but also had the record of being sentenced to a fine more than twice as the same crime, etc.

However, there are circumstances that can be considered in the process of committing the instant crime, and the blood alcohol concentration level at the time of driving the instant crime is not high.