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 became final and conclusive.

Criminal facts

On September 3, 2009, the Defendant was sentenced to four months of imprisonment for a violation of the Road Traffic Act (driving) at the Changwon District Court on September 3, 2009, and was sentenced to six months of imprisonment for the same crime in the same court on April 30, 2010, and on August 12, 2014, the judgment became final and conclusive on August 20, 2014 by having been sentenced to six months of imprisonment for the same crime in the same court on August 20, 2014.

On July 5, 2014, at around 00:40, the Defendant driven Bbeber125 Oba while under the influence of alcohol content 0.240% without a driver’s license from around the new wall market located in the father-dong in Kimhae-si, Kimhae-si to the front road of the Kimhae-dong, Kimhae-si, Kimhae-si.

Summary of Evidence

1. Each prosecutor and police interrogation protocol of the accused;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Application of criminal records and a copy of judgment;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 2 of Article 154, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on probation (the principle of equity, etc. when a judgment is rendered together with the same kind of crime that became final and conclusive after the crime in this case);