1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Punishment of the crime

On October 20, 2008, the Defendant was sentenced to a fine of 4 million won by a violation of the Road Traffic Act (driving) at the Busan District Court on October 20, 2008, and a fine of 1 million won by a violation of the Road Traffic Act (driving) at the Changwon District Court on January 14, 2013 and violated Article 44 (1) of the Road Traffic Act at least twice.

On October 7, 2013, at around 02:15, the Defendant, without a driver’s license, driven Bone Star car at a section of about 500 meters from the vicinity of the indoor camping practice center located in the Kimhae-dong in the same city, while under the influence of alcohol by 0.09%, to the roads front of the gas station in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and on the circumstantial statements of drinking drivers;

1. A driver's license inquiry;

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;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

5. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

6. Probation and lecture attendance order Article 62-2(1) of the Criminal Act provides that the defendant who has had several records of punishment due to driving without a license for drinking alcohol for the reason of sentencing of Article 62-2(1) of the Criminal Act is not subject to the punishment of the crime by driving without a license

However, the fact that the driving of this case does not cause traffic accidents, etc. is considered as favorable circumstances, and the punishment as ordered shall be determined in consideration of all the circumstances which are conditions for sentencing, such as the character, conduct and environment of the defendant.