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 November 12, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) in the Daegu District Court’s Ansan Branch on November 12, 2009; on January 16, 2012, the above court was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) in the above court; on March 28, 2013, the above court was sentenced to a fine of five million won for a violation of the Road Traffic Act (Refusal of Drinking Measures).

【Criminal Facts】

On February 25, 2014, without obtaining a driver's license at around 22:40 on February 25, 2014, the Defendant driven a shower car at approximately 1 km from the front side of the Angrasium in the Ansan-dong, under the influence of alcohol level of 0.078%.

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license inquiry report and a report on the situation of driving under the driving under the influence of liquor;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service (hereinafter “Order”) are as follows: (a) the Defendant committed the instant crime even though having the same history of force several times; (b) the Defendant could not be deemed to be less and less against the Defendant; (c) however, the Defendant appears to recognize his mistake and reflect his attitude; and (d) the blood alcohol concentration level was not higher than that of the blood alcohol level; and (c) the Defendant determined the punishment by considering