A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 6, 2011, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Seoul Southern District Court on September 6, 201, and a fine of KRW 4 million for a violation of the Road Traffic Act at the Ansan District Court on June 13, 2012.

Criminal facts

On June 15, 2013, at around 05:41, the Defendant driven a B rocketing car without obtaining a driver’s license, under the influence of alcohol concentration of approximately 0.147% from the 4km section of 4km to the front 150-dong, Songpa-dong, Songpa-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Requests for appraisal;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol not less than three times), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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 (Consideration of sentencing)

6. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. are as follows: (a) even though the Defendant was punished twice due to drunk driving within the last two years, the Defendant committed the instant crime again, and the nature of the instant crime is not good; (b) however, considering the fact that the Defendant led to the instant crime and is against themselves, and that the Defendant has no record of being sentenced to more severe punishment than the fine, etc., the sentence shall be determined