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

[criminal power] On April 30, 2010, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (driving) at the Ansan District Court’s Ansan Branch on April 30, 2010, and on February 19, 2014, the same court issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (driving).

【Criminal Facts】

On February 22, 2014, at around 23:38, the Defendant, without a driver’s license, driven B Lart car with approximately 50 meters alcohol concentration at approximately 0.127%, from the 50-meter section from the active duty road in the Nam-gu Incheon Namdong-gu Incheon Metropolitan City to the road in front of 720, Nam-dong, Namdong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and the driver's license ledger;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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 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 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;