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 October 5, 2009, the Defendant issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon branch of the Daegu District Court on October 5, 2009, and on May 2, 2014, the Defendant issued a summary order of KRW 4 million as the same crime in the same court.

On April 21, 2015, the Defendant, as seen above, driven B SP motor vehicle under the influence of alcohol content of about 0.143% from the section of approximately 1km from the front side of the original common-dong terminal to the front side of the same food materials horse without a driver’s license on April 21, 2015, even though he had a history of driving two or more times.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the control of drinking under the influence of alcohol;

1. Registers of driver's licenses and details of cancellation thereof;

1. Previous records of judgment: Application of criminal records, inquiry reports [including one copy of the summary order attached thereto and one copy of the judgment], and criminal investigation reports (including reports on confirmation of criminal records of the same kind of crime];

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., Supreme Court Decision 2007Da15488, Apr. 1, 2007) (see, 2008Da1248, Apr. 2, 2007)

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

1. Article 62-2 (1) of the Criminal Act to attend lectures;