A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 30, 2010, the Defendant was sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) in the Suwon District Court’s Ansan Branch on August 30, 2010, and a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving) in the Suwon District Court’s Ansan Branch on August 20, 2013.

On May 5, 2014, at around 22:37, the Defendant driven B rocketing car with a blood alcohol content of about 0.059% under the influence of alcohol from the 3km section from the nearest road of the Ansan-si Corporation without a driver’s license to the front road of the sports park located in the 2159-dong, Ansan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Current status of driving without a license, report on the status of driving, and the register of driver's licenses;

1. Report on the results of the crackdown on drinking driving, and report on the situation of driving under drinking;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment reports, such as the previous records and summary orders);

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 each sentence of imprisonment;

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

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

1. Defendant shall be punished strictly in that he/she drives his/her motor vehicle without a driver’s license even though he/she has a number of records of punishment for drinking and driving without a driver’s license for the reason of sentencing under Article 62-2 of the Criminal Act;

b. However, the defendant stated that he was aware of and driven by drinking more than 10 hours after the last drinking time, and that the measured blood alcohol concentration is not so high, taking into account the age, character and conduct, environment of the defendant, motive and circumstance leading to the crime of this case, means and consequence, circumstances before and after the crime, and other circumstances shown in the records of this case, the punishment shall be determined as above.