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 February 18, 2008, the Defendant was issued a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act at the Suwon District Court's site on February 18, 2008, and on October 20, 201, the same court issued a summary order of 4 million won by a fine for a violation of the Road Traffic Act.

Criminal facts

On May 8, 2013, the Defendant, without obtaining a driver’s license at around 21:40 on May 21, 2013, driven a bio car with 0.225% alcohol concentration 0.25% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol and report on the control of drinking driving;

1. Registers of driver's licenses;

1. Reports on the occurrence of traffic accidents;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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 of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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. Probation and the crime of this case on the ground of sentencing Article 62-2 of the Social Service Order Criminal Act is a case where a defendant drives a motor vehicle without a driver's license, and the defendant committed the above crime again despite the fact that the defendant had already been punished several times due to drinking driving and driving without a driver's license, the amount of drinking alcohol is considerably high, and the occurrence of traffic accidents is heavy in light of the following:

However, the punishment shall be determined in consideration of various sentencing factors, such as the fact that the defendant is recognized as committing the crime, the defendant has no criminal record exceeding the fine, the fact that the defendant does not repeat the crime, and the fact that the vehicle is sold while selling the vehicle, etc., and the suspension of execution shall be sentenced on condition of probation