A defendant shall be punished by imprisonment for six months.

except that 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 June 5, 2009, the Defendant was sentenced to a fine of two million won due to a violation of the Road Traffic Act (driving) at the Seoul Central District Court, and a fine of three million won due to a violation of the Road Traffic Act (driving) at the Seoul East District Court on January 20, 2012, respectively.

On April 23, 2014, at around 19:30, the Defendant driven a 100cc motor bicycle without a number plate that was not covered by mandatory insurance without a driver’s license, while under the influence of alcohol more than 0.05%, from the influent land of Seongdong-gu Seoul Metropolitan Government to the front road of 778 EM 2.2.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. A report on detection of a drinking driver and a data from drinking output;

1. Registers of driver's licenses;

1. Investigation report (in cases of a suspect's blood alcohol concentration trend);

1. Records of previous judgments: Criminal records, etc. inquiry reports, investigation reports (Attachment of criminal records for driving under influence of a suspect and driving without obtaining permission), and application of six copies of written judgments;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary work and consideration given to the circumstances in which Articles 53 and 55 (1) 3 of the Criminal Act (i.e., the penance of offenses and the absence of any past record of punishment exceeding the fine due to the same kind of offense);

1. Article 62(1)(i) of the Criminal Act provides that the defendant, who has been punished several times due to the reasons for the sentencing of the sentence for the suspension of execution, is driving without a license for drinking, and the nature of the crime is not weak, but there is no record of being punished exceeding the fine due to the same kind of crime.