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 January 8, 2009, the Defendant was notified of a fine of KRW 1.5 million for a violation of the Road Traffic Act in the Busan District Court's Busan District Court's Branch on January 8, 2009, a fine of KRW 2 million for the same crime in the same court on November 24, 2010, and a fine of KRW 7 million for the same crime on January 22, 2013, respectively.

On April 22, 2013, around 23:22, the Defendant driven a B-ri vehicle with a blood alcohol concentration of 0.124%, without a vehicle driver’s license, on the 2km section from the front side of the b-ri-dong, Yongsan-gu, Manyang-si to the front side of the same Goyangyang District Office of Education located in the same Gu.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice without a driver’s license, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license inquiry;

1. A written appraisal of blood alcohol;

1. Application of statutes concerning criminal records;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that there is no history of criminal punishment of suspension of qualifications or heavier punishment for the defendant, and that the defendant commits an offense against the defendant and commits an offense);

1. Article 62 (1) of the Criminal Act (the same grounds for discretionary mitigation);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;