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 June 21, 2013, the Defendant issued a summary order of KRW 5,000,000 as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon branch on June 21, 2013, and a summary order of KRW 7,00,000 as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon branch on December 4, 2014.

On December 15, 2014, at around 02:30 on December 15, 2014, the Defendant driven a Broison car with blood alcohol content of at least 0.050% under the influence of alcohol without obtaining a driver’s license at a section of approximately 200 meters from the entrance of the gold market in the Gu-si, Nowon-gu, Seoul, to the Gu-si, Nowon-do, Nowon-gu, Seoul, to the front road of the Gu-si, Nowon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The circumstantial report on a drinking driver and the results of the control of drinking driving;

1. Registers of driver's licenses, details of revocation of driver's licenses, and disqualified meetings of main office;

1. Previous convictions indicated in judgment: Criminal history records, etc., an inquiry report on the previous disposition and report on the results of confirmation, investigation report (report on the records of criminal acts of the same kind as a suspect, etc.), and application of Acts and subordinate statutes of

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., Supreme Court Decision 2009Do1488, Apr. 21, 2007; Supreme Court Decision 2009Do1248, Apr. 2, 2008)

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;