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 July 7, 2008, the Defendant was notified of a summary order of a fine of KRW 700,000 as a crime of violation of the Road Traffic Act in the Busan District Court's Dong Branch branch, and on January 9, 2013, the Defendant was notified of a summary order of KRW 1 million as a crime of violation of the Road Traffic Act (driving) in the same court on January 9, 201, and on May 1, 2014, the Defendant was a person who violated Article 44 (1) of the Road Traffic Act after being sentenced to a fine of KRW 6 million in the same court on May 1, 2014.

On July 8, 2014, at around 22:02, the Defendant driven a Bbenz car under the influence of alcohol without obtaining a driver’s license at a section of about 2 km from the cafeteria to the front road of the entrance of the office building located in the same Jung-dong, Busan Metropolitan City, for approximately 0.052% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous convictions in judgment: The application of inquiry reports and investigation reports (reports on the same criminal records and confirmations of the accused) 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;

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

1. Selection of imprisonment with prison labor chosen;

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

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

1. Considering the fact that the defendant committed the instant crime even though he/she had a previous conviction in several times, strict punishment against the defendant is needed for the reason of sentencing under Article 62-2 of the Criminal Act.

However, the fact that the defendant repents his mistake in depth, the blood alcohol concentration is not high, the defendant does not have any criminal record exceeding the fine, the defendant is sentenced to both the suspension of the execution of imprisonment and the community service order as well as the suspension of the execution of imprisonment, and the age and age of the defendant.