A defendant shall be punished by imprisonment for six months.

except that 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 October 24, 2008, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Incheon District Court, and was sentenced to a fine of four million won for the same crime at the Seoul Southern District Court on December 10, 2012.

At around 00:35 on April 25, 2013, the Defendant, who had been punished for drinking twice or more as above, driven B Karen vehicle under the influence of alcohol content of 0.107% without obtaining a driving license from a vehicle driving license in a section of approximately 500 meters from the street in front of the calculation station of Gyeyang-gu Incheon Gyeyang-gu, Incheon to the same lot.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. An inquiry letter of driver's license and a report on the situation of driving without license;

1. Application of Acts and subordinate statutes, such as criminal records;

1. Relevant statutory driving for a crime: Point of driving without a license under Articles 148-2 (1) 1, and 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 40 (Punishment on Crimes of Violating Road Traffic Act Due to Seriously Liquefied Driving)

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary work: Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009);

1. Article 62 (1) of the Criminal Act on the suspended execution.