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 December 18, 2013, the Defendant received a summary order of KRW 1.5 million from the Suwon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and from the credit branch of the Suwon District Court on October 22, 2014 to a fine of KRW 4.5 million for the same crime.

On October 2, 2015, at around 23:10, the Defendant driven a B-hurged car with a blood alcohol concentration of about 0.068% under the influence of alcohol level without obtaining a driver's license from around 200 meters from the front of the ‘Chocheon-si Changdong' road to the front of the ‘Yancheon Employment Support Center' located in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of a motor vehicle;

1. Report on the circumstantial statements of a driving under the influence of alcohol and the results of the control of drinking driving;

1. A driver's license inquiry;

1. Records before judgment: Criminal records, repeated statements, and application of each summary order 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 driving sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving without a license);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty: Imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that even if a person had a record of drinking at least twice on November 2013 and around July 2014, he/she again led to the same kind of drinking and driving without the same license, it shall be subject to strict punishment.

However, it shall be sentenced as per the disposition in consideration of the fact that there is no record of the same kind of crime except for the two-time drinking driving record, confession and reflect on the crime, etc.