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

The Defendant is a person who, at the Changwon District Court on January 4, 2007, sentenced to a suspended sentence of four months to imprisonment for a crime of violation of the Road Traffic Act, etc., and on March 18, 2010, at the same court on March 18, 201, sentenced to a suspended sentence of two years to ten months of imprisonment and violates Article 44 (1) of the Road Traffic Act not less than twice.

On January 5, 2013, at around 02:40, the Defendant driven a BS5 vehicle under the influence of alcohol content of approximately 0.070% without a car driver’s license from a section of about 1 k’s blood alcohol content at a section of approximately 0.070% from the street in front of the Mac-si, Kim Jong-si, Kim Jong-si to the front of the restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and photographs related to accidents;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports and investigation reports (informating a copy of 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 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 (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The grounds for sentencing under Article 62-2(1) of the Probation Criminal Act are as follows: (a) even though the Defendant, who had been punished four times due to driving without a license for alcohol since 2001, does not repeatedly be subject to the liability for each of the crimes of this case; (b) in consideration of the fact that the Defendant, who has been punished four times due to driving without a license for alcohol, is recognized as erroneous and reflects the fact that the drinking water is not high; and (c) other circumstances, such as the character, conduct, environment and circumstances of the Defendant,

In addition, probation is added in order to encourage the eradication of drinking free driving.