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 January 22, 2014, the Defendant issued a summary order of 1.5 million won or more as a fine for a violation of the Road Traffic Act, and a summary order of 1.5 million won or more as a fine in the same court on July 3, 2014.

At around 03:30 on February 23, 2015, the Defendant driven BM5 car under the influence of alcohol content of 0.094% without obtaining a driver’s license in a section of approximately 500 meters from the front of the apartment site of the “Taeaeng Do,” which is located in the North-gu Yang-dong at the port of port to the front of the “Korea Taeng Do,” located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a copy of a summary order);

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 ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a course is that the defendant has been punished for drinking driving two times, and the crime is not bad in light of the fact that he/she drives under drinking again.

However, there are many records, such as Defendant's age, character and behavior, environment, and circumstances before and after crimes, etc., which are shown in the following: (a) there is no particular criminal history other than that subject to a fine twice due to drinking driving; (b) the driving distance is relatively short; and (c) the Defendant has expressed his intention not to drive or drive without a license in the future as he reflects the mistake.