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 May 31, 2010, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Changwon District Court on May 31, 201, and a person who was issued a summary order of KRW 1.5 million for the same crime at the Busan District Court on January 19, 201.

On August 8, 2015, at around 00:05, the Defendant driven BM3 car under the influence of alcohol content of about 0.09% without a car driver’s license in a section of about 300 meters from the front of the bridge located in the Cheongdong-dong, Chungcheongnam-si, Kim Jong-dong to the front of the Sammun-dong located in the same Sammun-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of suspects in violation of the Road Traffic Act, inquiry into the results of the control of drinking and driving, and report on the state of drinking drivers;

1. The ledger of driver's licenses;

1. Previous convictions indicated in the judgment: Application of criminal records, inquiry reports (A) and criminal investigation reports (two cases of criminal records of the same kind and summary orders attached);

1. Relevant statutory driving for a crime: Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The Defendant of the reason for sentencing under Article 62-2 of the Criminal Act, as indicated in the facts constituting the crime of violation of the Road Traffic Act, committed again the instant crime under the same type of crime without a license even though he/she had been sentenced to a fine for violating the Road Traffic Act, and the fact that the blood alcohol concentration level at the time of driving of the instant case is relatively high, etc.

However, the sentence is the same in consideration of the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime.