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 January 5, 2012, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) from the Daegu District Court Port Branch on January 5, 2012, and a summary order of KRW 3 million for the same crime in the same court on June 9, 2014.

【Criminal Facts】

Although the Defendant was punished twice or more due to drinking driving as above, on March 14, 2015, the Defendant driven C lusing car at approximately 500 meters from the front of the north-gu Seongbuk-dong Haakdong apartment at the port to the front side of the north-gu Gyeongdong-dong Do, in the state of drinking alcohol concentration of 0.135% without obtaining a driver’s license at around 01:40 on March 14, 2015.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal records, investigation report (report attached to a summary order of the same kind of power);

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. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment shall be imposed on the person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation, but choice of imprisonment shall be imposed);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant's records of punishment for drinking driving are two times, and that drinking water is high.

However, the crime of this case did not cause any particular traffic accident, the defendant had been sentenced once to a suspended sentence due to another type of crime that has been committed for about nine years prior to the fact that there is no record of punishment exceeding the fine, and the driving distance has not been relatively long.