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 March 29, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the Southern District Court of the Jeonju on March 29, 2007, and a fine of one million won for a violation of the Road Traffic Act (driving) in the same court on September 2, 2011.

At around 21:00 on June 13, 2013, the Defendant driven a D-wing truck owned by C while under the influence of alcohol content of about 0.076% without obtaining a driver’s license from a section of approximately 300 meters from the front to the front road of the Elderly Welfare Center located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Report on the results of the drinking driving control, and notification of the results of the drinking driving control;

1. Registers of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes to inquiry reports and investigation reports (report accompanied by 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. 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., that the distance driven by the defendant is not long and the blood alcohol concentration is very high, that there is no history of criminal punishment exceeding fines, that there is no history of criminal punishment by the defendant, and that the defendant reflects old and wrong;

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

1. Probation under Article 62-2 of the Criminal Act;