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 19, 2007, the Defendant received a summary order of KRW 500,00,000 as a fine for a violation of the Road Traffic Act, from the Gunsan Branch of the Jeonju District Court on May 21, 2009, KRW 1,000,000 as a fine for the same crime from the Gunsan Branch of the Jeonju District Court on June 16, 201, and KRW 4 million as a fine at the Jeonju District Court on June 16, 201.

On November 12, 2012, the Defendant was under the influence of alcohol with 0.096% of alcohol concentration without a driver’s license, and was driving B B B in the section of approximately 1km from the front road of “slurma” located in the Gu in the Gu of Ysan-si, Seosan-si, to the same road.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employer-employed driver and the circumstantial report of the employer-employed driver;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. The application of Acts and subordinate statutes to inquiries into criminal records, etc. and investigation reports (report accompanied by a copy of a judgment);

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 sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

5. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

6. The reason for sentencing of Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act on probation, community service, and lecture attendance order is that the defendant committed a crime of drinking and without a license even though he/she has been punished twice due to drinking driving. In light of the fact that the Road Traffic Act has been amended and the punishment for drinking driving has been strengthened, it is necessary to strictly punish the defendant. However, the defendant is seriously against the defendant, and the defendant is expected not to drive under the influence of drinking again, and the defendant has the power to suspend his/her execution.