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 of the final judgment.

Punishment of the crime

[criminal power] On December 8, 2005, the defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act in the branch court of the Busan District Court of Dong on December 8, 2005, and sentenced to a fine of 2 million won for a violation of the Road Traffic Act (driving) at the Busan District Court of May 3, 2007, and sentenced to a fine of 4 million won for a violation of the Road Traffic Act (driving) at the Busan District Court of October 10, 2007, and on April 10, 2015, the defendant was sentenced to a fine of 7 million won for a violation of the Road Traffic Act (driving) at the Busan District Court of Dong branch branch branch court of the Busan District Court of Dong, and 4 times for a same crime.

【Criminal Facts】

On August 28, 2015, at around 23:55, the Defendant driven C rocketing car under the influence of alcohol content by 0.184% without obtaining a driver’s license at a section of about 20km from the mutual influence in the Nam-gu Busan Metropolitan City to the large-scale rest area in Busan Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Criminal records: Application of inquiry reports, such as criminal records, and investigation reports (report on attachment of same criminal records) statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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 (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

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

1. Probation and order to provide community service or attend lectures, and Article 62-2 of the Criminal Act (it is possible to repeat a crime in light of the same kind of criminal records);